JNIVERS1TY  OF 

CALIFORNIA 

SAN  DiEGO 


.  - 


TRANSLATIONS  AND  REPRINTS 
FROM  THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY 


VOLUME  I 


PUBLISHED  FOR 

THE  DEPARTMENT  OF  HISTORY  OF  THE 
UNIVERSITY  OF  PENNSYLVANIA 


BY  THE 

UNIVERSITY  OF  PENNSYLVANIA  PRESS 
3438  WALNUT  STREET,  PHILADELPHIA 


CONTENTS  OF  VOLUME  I 

1.  Early  Reformation  Period  in  England. 

Edited  by  EDWARD  P.  CHEYNEY,  A.  M. 

2.  Urban  and  the  Crusaders. 

Edited  by  DANA  CARLETON  MUNRO,  A.  M. 

3.  The  Restoration  and  the  European  Policy  of 
Metternich. 

Edited  by  JAMES  HARVEY  ROBINSON,  Ph.  D. 

4.  Letters  of  the  Crusaders. 

Edited  by  DANA  CARLETON  MUNRO,  A.  M. 

5.  The  French  Revolution,  1789-1791. 

Edited  by  JAMES  HARVEY  ROBINSON,  Ph.  D. 

6.  English  Constitutional  Documents. 

Edited  by  EDWARD  P.  CHEYNEY,  A.  M. 


TRANSLATIONS  AND  REPRINTS 

PROM  THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 
VOL.  I.        THE  EARLY  REFORMATION  PERIOD  IN  ENGLAND.        No.  i. 

WOLSEY,  HENRY  VIII,  SIR  THOMAS  MORE  AND  HUGH  LATIMER. 

TABLE  OF  CONTENTS. 

PAGE 

I.        REPORTS  OF  VENETIAN  AMBASSADORS  IN  ENGLAND. 

1.  Description  of  Wolsey  by  Giustiniani,  .  .  2 

2.  Description  of  Henry  VIII  by  Pasqualigo,     .  .  3 

3.  Description  of  Henry  VIII  by  Giustiniani,    .  .  4 

II.       LETTERS  OF  HENRY  VIII,  WOLSEY,  AND  ANNE  BOLEYN. 

1.  Henry  to  Wolsey,  .....          5 

2.  Henry  to  Anne  Boleyn,  .  .  .6 

3.  Anne  Boleyn  and  Henry  to  Wolsey,     ...          7 

4.  Wolsey  to  Henry,  .....          8 

III.        LETTER  OF  ERASMUS  TO  ULRICH  VON  HUTTEN,  DESCRIBING 

MORE,       .  .  •  I  *,  •"'*?•        •'  •'•  '* '    8 


IV.       LETTER  OF  MORE  TO  PETER  GILES,  TRANSMITTING  T 

UTOPIA,       .          .           .       *,/?  >'*>*  '."'     ' .'  "  '13 

V.  EXTRACTS  FROM  ROPER'S  LIFE  OF  MORE,  .  14 

VI.  LETTER  FROM  LATIMER  TO  HENRY  VIII,  .  16 

VII.       STATUTES. 

1.  Act  of  Supremacy,           .            .  *  .           .         17 

2.  Act  of  the  Six  Articles,                 .  .  .           .        18 

VIII.       EXTRACTS  FROM  A  SERMON  BY  LATIMER,  .  .         .       20 


2  TRANSLATIONS   AND   REPRINTS. 

INTRODUCTION. 

The  period  of  the  Renaissance  and  the  Reformation,  which  began  in  England 
with  the  closing  years  of  the  fifteenth  century,  was  a  period  of  individualism,  and 
gave  a  greater  opportunity  of  influence  to  men  of  genius  than  any  earlier  period  had 
furnished.  The  loosening  of  the  bonds  of  custom  in  intellectual  and  ecclesiastical 
system ,  and  in  political  and  economic  organization,  gave  to  the  opinions  and  actions  of 
individual  men  far  more  significance  than  they  could  have  had  in  the  Middle  Ages. 

While  the  great  currents  of  change  could  not,  it  is  true,  be  diverted  far  from 
their  course,  yet  particular  direction  and  form  were  given  to  such  change  by  the  in- 
fluence of  men  who  possessed  conspicuous  abilities,  occupied  a  powerful  position,  or 
represented  strong  forces.  Four  such  men  especially  stand  out  as  representative 
men  of  the  early  part  of  the  sixteenth  century,  both  as  guides  of  its  movements  and 
types  of  its  characteristics.  Cardinal  Wolsey  was  the  great  statesman,  full  of 
schemes  of  control  and  reform  in  church  and  state,  and  of  ambition  for  English  in- 
fluence in  the  councils  of  Europe.  Sir  Thomas  More  was  the  representative  of  the 
"new  learning,"  the  keen  critical  intellect  and  broadened  interests  and  sympathies 
which  were  transforming  the  entire  habits  of  thought  of  the  nation.  Latimer  repre- 
sented the  earnest  protestant  spirit  of  moral  reform  and  revolt  against  the  old 
church  system.  Finally,  Henry  VIII  was  not  only  the  central  figure  and  dominating 
force  in  England  during  the  period  of  his  long  reign,  not  merely  the  occasion  of  the 
beginning  of  the  English  Reformation,  but  the  type  and  precursor  of  that  enthusi- 
astic national  spirit  which  was  to  reach  its  culmination  in  the  reign  of  Queen  Eliz- 
abeth. To  give  greater  clearness  to  the  personality  of  these  four  men  is  the  object 
of  the  following  selections  from  the  abundant  and  picturesque  contemporary  records. 

I.     REPORTS  OF  VENETIAN  AMBASSADORS. 


•j  {•'',  i.    A  DESCRIPTION  OF  CARDINAL  WOLSEY. 
Sebastian  Gitisiiniani  to  the  Senate,  September  zoth,  1519. 
i,*«i  i1',1  /'>I;>rqvra(,  ;Calcndar  of  State  Papers,  Venetian,  Vol.  I,  p.  560. 

The  Cardinal  of  York  is  the  same  as  he  whom  I  have  styled  Orior\, 
in  a  work  composed  by  me.  He  is  of  low  origin  and  has  two  brothers, 
one  of  whom  holds  an  untitled  benefice,  and  the  other  is  pushing  his 
fortune.  He  rules  both  the  king  and  the  entire  kingdom.  On  my  first 
arrival  in  England  he  used  to  say  to  me,  "His  majesty  will  do  so  and 
so."  Subsequently,  by  degrees,  he  forgot  himself,  and  commenced 
saying,  "We  shall  do  so  and  so."  At  this  present  he  has  reached  such 
a  pitch  that  he  says,  "I  shall  do  so  and  so."  He  is  about  forty-six 
years  old,  very  handsome,  learned,  extremely  eloquent,  of  vast  ability 


DESCRIPTION   OF   CARDINAL   WOLSEY.  3 

and  indefatigable.  He  alone  transacts  the  same  business  as  that  which 
occupies  all  the  magistracies,  offices  and  councils  of  Venice,  both  civil 
and  criminal,  and  all  state  affairs  likewise  are  managed  by  him,  let 
their  nature  be  what  it  may. 

He  is  thoughtful,  and  has  the  reputation  of  being  extremely  just 
He  favors  the  people  exceedingly,  and  especially  the  poor,  hearing  their 
suits  and  seeking  to  despatch  them  instantly.  He  also  makes  the 
lawyers  plead  gratis  for  all  who  are  poverty-stricken.  He  is  in  very 
great  repute,  seven  times  more  so  than  if  he  were  Pope.  He  has  a  very 
fine  palace,  where  one  traverses  eight  rooms  before  reaching  his  audience 
chamber.  They  are  all  hung  with  tapestry  which  is  changed  once  a 
week.  Wherever  he  is,  he  always  has  a  sideboard  of  plate  worth 
25,000  ducats.  His  silver  is  estimated  at  150,000  ducats.  In  his  own 
chamber  there  is  always  a  cupboard  with  vessels  to  the  amount  of 
30,000  ducats,  as  is  customary  with  the  English  nobility.  He  is 
supposed  to  be  very  rich  indeed  in  money,  plate  and  household  stuff. 

The  archbishopric  of  York  yields  him  about  14,000  ducats,  and 
the  bishopric  of  Bath  8,000.  One-third  of  the  fees  derived  from  the 
great  seal  are  his,  the  other  two  are  divided  between  the  king  and  the 
chancellor.  The  cardinal's  share  amounts  to  about  5,000  ducats.  By 
New  Year's  gifts  he  makes  about  15,000  ducats. 


2.    A  DESCRIPTION  OF  HENRY  VIII  IN  1515, 

Pasqualigo  to  his  Brother. 
Brewer,  Letters  and  Papers  of  the  Reign  of  Henry  VIII,  Vol.  I.  p.  xxviii. 

His  majesty  is  the  handsomest  potentate  I  ever  set  eyes  on;  above 
the  usual  height,  with  an  extremely  fine  calf  to  his  leg ;  his  complexion 
very  fair  and  bright,  with  auburn  hair  combed  straight  and  short  in  the 
French  fashion,  and  a  round  face  so  very  beautiful  that  it  would  become 
a  pretty  woman,  his  throat  being  very  long  and  thick.  He  wore  a  cap 
of  crimson  velvet,  in  the  French  fashion,  and  the  brim  was  looped  up 
all  around  with  lacets  and  gold  enamelled  tags.  His  doublet  was  in  the 
Swiss  fashion,  striped  alternately  with  white  and  crimson  satin,  and  his 
hose  were  scarlet  and  all  slashed  from  the  knee  upwards.  Very 
close  around  his  neck  he  had  a  gold  collar,  from  which  there  hung  a 
rough-cut  diamond,  the  size  of  the  largest  walnut  I  ever  saw,  and  to  this 


4  TRANSLATIONS   AND   REPRINTS. 

was  suspended  a  most  beautiful  and  very  large  round  pearl.  His  mantle 
was  of  purple  velvet,  lined  with  white  satin,  the  sleeves  open,  with  a 
train  more  than  four  Venetian  yards  long.  This  mantle  was  girt  in 
front  like  a  gown,  with  a  thick  gold  cord,  from  which  there  hung  large 
golden  acorns  like  those  suspended  from  a  cardinal's  hat;  over  this 
mantle  was  a  very  handsome  gold  collar,  with  a  pendant  St.  George 
entirely  of  diamonds.  Beneath  the  mantle  he  wore  a  pouch  of  cloth  of 
gold,  which  covered  a  dagger,  and  his  fingers  were  one  mass  of  jewelled 
rings. 


3.    A  DESCRIPTION  OF  HENRY  VIII  IN  1519. 

Sebastian  Giustiniani  to  the  Senate,  September  loth,  1519. 
Brown,  Calendar  of  State  Papers,  Venetian,  Vol.  I,  p.  559. 

His  majesty  is  twenty-nine  years  old  and  extremely  handsome. 
Nature  could  not  have  done  more  for  him.  He  is  much  handsomer 
than  any  other  sovereign  in  Christendom ;  a  great  deal  handsomer  than 
the  king  of  France ;  very  fair  and  his  whole  frame  admirably  pro- 
portioned. On  hearing  that  Francis  I  wore  a  beard,  he  allowed  his 
own  to  grow,  and  as  it  is  reddish,  he  has  now  a  beard  that  looks  like 
gold.  He  is  very  accomplished,  a  good  musician,  composes  well,  is  a 
most  capital  horseman,  a  fine  jouster,  speaks  good  French,  Latin  and 
Spanish,  is  very  religious,  hears  three  masses  daily,  when  he  hunts,  and 
sometimes  five  on  other  days.  He  hears  the  office  every  day  in  the 
queen's  chamber,  that  is  to  say  vesper  and  compline.  He  is  very  fond 
of  hunting,  and  never  takes  his  diversion  without  tiring  eight  or  ten 
horses,  which  he  causes  to  be  stationed  beforehand  along  the  line  of 
country  he  means  to  take,  and  when  one  is  tired  he  mounts  another, 
and  before  he  gets  home  they  are  all  exhausted.  He  is  extremely  fond 
of  tennis,  at  which  game  it  is  the  prettiest  thing  in  the  world  to  see  him 
play,  his  fair  skin  glowing  through  a  shirt  of  the  finest  texture.  He 
gambles  with  the  French  hostages,  to  the  amount  occasionally,  it  is  said 
of  from  6,000  to  8,000  ducats  in  a  day.  He  is  affable  and  gracious, 
harms  no  one,  does  not  covet  his  neighbor's  goods,  and  is  satisfied  with 
his  own  dominions,  having  often  said  to  me,  "Sir  Ambassador,  we  want 
all  potentates  to  content  themselves  with  their  own  territories ;  we  are 


DESCRIPTION    OP    HENRY   VIII.  5 

satisfied  with  this  island  of  ours."  He  seems  extremely  desirous  of 
peace. 

He  is  very  rich.  His  father  left  him  ten  millions  of  ready  money 
in  gold,  of  which  he  is  supposed  to  have  spent  one-half  in  the  war 
against  France,  when  he  had  three  armies  on  foot ;  one  crossed  the 
Channel  with  him,  another  was  in  the  field  against  Scotland,  and  the 
third  remained  with  the  queen  in  reserve. 

His  revenues  amount  to  about  350,000  ducats  annually,  and  are 
derived  from  estates,  forests  and  meres,  the  customs,  hereditary  and 
confiscated  property,  the  duchies  of  Lancaster,  York,  Cornwall  and 
Suffolk,  the  county  palatine  of  Chester,  and  others,  the  principality  of 
Wales,  the  export  duties,  the  wool  staple,  the  great  seal,  the  annates 
yielded  by  Church  benefices,  the  Court  of  Wards,  and  from  New  Year's 
gifts ;  for  on  the  first  day  of  the  year  it  is  customary  for  his  majesty  to 
make  presents  to  everybody,  but  the  value  of  those  he  receives  in 
return  greatly  exceeds  his  own  outlay.  His  majesty's  expenses  may  be 
estimated  at  100,000  ducats,  those  in  ordinary  having  been  reduced 
from  100,000  to  56,000,  to  which  must  be  added  16,000  for  salaries, 
5,000  for  the  stable,  5,000  for  the  halberdiers,  who  have  been  reduced 
from  500  to  150,  and  16,000  for  the  wardrobe,  for  he  is  the  best  dressed 
sovereign  in  the  world.  His  robes  are  very  rich  and  superb,  and  he 
puts  on  new  clothes  every  holiday. 


II.     LETTERS  OF  HENRY    VIII,     WOLSEY,   AND   ANNE 

BOLEYN. 

i.    HENRY  TO  WOLSEY,  probably  in  August,  75/7. 
Halliwell's  Letters  of  the  Kings  of  England,  Vol.  I,  pp.  285-6. 

Mine  own  Cardinal : 

I  recommend  me  unto  you  with  all  my  heart,  and  thank  you  for 
the  great  pain  and  labor  that  you  do  daily  take  in  my  business  and 
matters,  desiring  you  when  you  have  well  established  them  to  take  some 
pastime  and  comfort,  to  the  intent  that  you  may  the  longer  endure  to 
serve  us ;  for  always  pain  cannot  be  endured.  Surely  you  have  so  sub- 
stantially ordered  our  matters,  both  of  this  side  of  the  sea  and  beyond, 
that,  in  my  opinion,  little  or  nothing  can  be  added.  Nevertheless,  ac- 
cording to  your  desire,  I  do  send  you  mine  opinion  by  this  bearer,  the 


6  TRANSLATIONS    AND    REPRINTS. 

reformation  whereof  I  do  remit  to  you  and  the  remnant  of  our  trusty 
counsellors  who  I  am  sure  will  substantially  look  on  it.  As  touching 
the  matter  that  Sir  Win.  Sandys  brought  answer  of,  I  am  well  content 
with  what  order  soever  you  do  take  in  it.  The  queen,  my  wife,  doth 
desire  me  to  make  her  most  hearty  recommendations  to'  you,  as  to  him 
that  she  loveth  very  well,  and  both  she  and  I  would  know  fain  when  you 
will  repair  to  us. 

No  more  to  you  at  this  time,  but  that  with  God's  help  I  trust  we 
shall  disappoint  our  enemies  of  their  intended  purpose. 

Written  with  the  hand  of  your  loving  master, 

HENRY  REX. 


2.     HENRY  TO  ANNE  BOLEYN,  probably  in  May,  1528. 
Harleian  Miscellany,  Vol.  I,  pp.  189-20x3. 

My  mistress  and  friend : 

I  and  my  good  heart  put  ourselves  in  your  hands,  begging  you  to 
recommend  us  to  your  favor,  and  not  to  let  absence  lessen  your  affection 
to  us.  For  it  were  great  pity  to  increase  our  pain,  which  absence  alone 
does  sufficiently,  and  more  than  I  could  ever  have  thought ;  bringing  to 
my  mind  a  point  of  astronomy,  which  is,  that  the  farther  the  Moors  are 
from  us,  the  farther  too  is  the  sun,  and  yet  his  heat  is  the  more  scorching ; 
so  it  is  with  our  love,  we  are  at  a  distance  from  one  another,  and  yet  it 
keeps  its  fervency,  at  least  on  my  side.  I  hope  the  like  on  your  part> 
assuring  you  that  the  uneasiness  of  absence  is  already  too  severe  for  me ; 
and  when  I  think  of  the  continuance  of  that  which  I  must  of  necessity 
suffer,  it  would  seem  intolerable  to  me,  were  it  not  for  the  firm  hope  I 
have  of  your  unchangeable  affection  for  me ;  and  now,  to  put  you  some- 
times in  mind  of  it,  and  seeing  I  cannot  be  present  in  person  with  you,  I 
send  you  the  nearest  thing  to  that  possible,  that  is,  my  picture,  set  in 
bracelets,  with  the  whole  device,  which  you  know  already,  wishing  my- 
self in  their  place,  when  it  shall  please  you. 
This  from  the  hand  of 

Your  servant  and  friend, 

H.  REX. 


LETTERS    OF    HENRY,    ANNE    BOLEYN    AND    WOL8EY.  7 

3.     ANNE  BOLEYN  AND  HENRY  TO   WOLSEY,  probably  in 
September ',  1528. 

Harleian  Miscellany,  Vol.  I,  pp.    189-200. 
My  lord : 

In  my  most  humble  wise  that  my  heart  can  think,  I  desire  you  to 
pardon  me  that  I  am  so  bold  to  trouble  you  with  my  simple  and  rude 
writing,  esteeming  it  to  proceed  from  her  that  is  most  desirous  to  know 
that  your  grace  does  well,  as  I  perceive  by  this  bearer  that  you  do. 
The  which  I  pray  God  long  to  continue,  as  I  am  most  bound  to  pray  ; 
for  I  do  know  the  great  pains  and  troubles  you  have  taken  for  me,  both 
day  and  night,  is  never  like  to  be  recompensed  on  my  part,  but  alonely 
in  loving  you  next  unto  the  king's  grace,  above  all  creatures  living. 
And  I  do  not  doubt  but  the  daily  proofs  of  my  deeds  shall  manifestly  de- 
clare and  affirm  my  writing  to  be  true,  and  I  do  trust  you  do  think  the 
same.  My  lord,  I  do  assure  you,  I  do  long  to  hear  from  you  news  of 
the  legate ;  for  I  do  hope,  an  they  come  from  you,  they  shall  be  very 
good,  and  I  am  sure  you  desire  it  as  much  as  I,  and  more,  an  it  were 
possible,  as  I  know  it  is  not.  And  thus  remaining  in  a  steadfast  hope, 
I  make  an  end  of  my  letter,  written  with  the  hand  of  her  that  is  most 

bound  to  be, 

Your  humble  servant, 

ANNE  BOLEYN. 

The  writer  of  this  letter  would  not  cease  till  she  had  caused  me  like- 
wise to  set  to  my  hand ;  desiring  you,  though  it  be  short,  to  take  it  in 
good  part.  I  assure  you  there  is  neither  of  us  but  that  greatly  desireth 
to  see  you,  and  much  more  joyous  to  hear  that  you  have  scaped  this 
plague  so  well,  trusting  the  fury  thereof  to  be  past,  specially  with  them 
that  keepeth  good  diet,  as  I  trust  you  do.  The  not  hearing  of  the  legate's 
arrival  in  France  causeth  us  somewhat  to  muse;  notwithstanding,  we 
trust  by  your  diligence  and  vigilancy  (with  the  assistance  of  Almighty 
God)  shortly  to  be  eased  out  of  that  trouble.  No  more  to  you  at  this 
time ;  but  that  I  pray  God  send  you  as  good  health  and  prosperity,  as  the 
writer  would. 

By  your  loving  sovereign  and  friend, 

HENRY,  K. 


8  TRANSLATIONS    AND    REPRINTS. 

4.     WOLSEY  TO  HENRY,  probably  October  9,  1529. 
State  Papers,  I,  347. 

Most  gracious  and  merciful  sovereign  lord : 

Though  that  I,  your  poor,  heavy,  and  wretched  priest,  do  daily  pur- 
sue, cry  and  call  upon  your  royal  majesty  for  grace,  mercy,  remission 
and  pardon,  yet  in  most  humble  wise  I  beseech  your  highness  not  to 
think  that  it  proceedeth  of  any  mistrust  that  I  have  in  your  merciful 
goodness,  nor  that  I  would  encumber  or  molest  your  majesty  by  any  in- 
discreet or  inopportune  suit ;  but  that  the  same  only  cometh  of  an  inward 
and  ardent  desire  that  I  have  continually  to  declare  unto  your  highness 
how  that  next  unto  God,  I  desire  nor  covet  any  thing  in  this  world  but 
the  attaining  of  your  gracious  favor  and  forgiveness  of  my  trespass. 

And  for  this  cause  I  cannot  desist  nor  forbear,  but  be  a  continual 
and  most  lowly  suppliant  to  your  benign  grace.  For  surely  most 
gracious  king,  the  remembrance  of  my  folly,  with  the  sharp  sword  of 
your  highness'  displeasure,  hath  so  penetrated  my  heart,  that  I  cannot 
but  lamentably  cry  and  say — "It  is  sufficient;"  now  withold  thy  hand, 
most  merciful  king.  Forgive  and  ye  shall  be  forgiven.  Blessed  are  the 
merciful.  *  *  *  *  * 

Your  grace's  most  prostrate  poor  chaplain,  creature, 
and  bedesman, 

THOMAS,  Card.  York, 

Most  Unhappy. 


III.     DESCRIPTION  OF  MORE  BY  ERASMUS. 

EpistolarumDesideriiErasmi  Rotterdam!  Libri 3 1, London,  1642;  pp.  533-545.  Latin. 

Erasmus  of  Rotterdam,  to  Ulrich  von  Hutten,   sends  greeting :  *  *  * 
Since  you  urge  me  to  describe  More  completely  for  you,  as  if  painted 
in  a  picture,  I  would  that  I  were  able  to  depict  him  as  clearly  as  you 
desire  it  vehemently.  *         *         * 

I  shall  try  to  suggest,  rather  than  adequately  describe  to  you,  the 
likeness  of  the  whole  man,  as  in  daily  intercourse  I  have  been  able  to 
observe  or  remember  it. 

Beginning  with  those  characteristics  of  More  which  are  most  un- 
known to  you ;  in  stature  he  is  not  tall,  and  yet  above  any  conspicuous 


ERASMUS  TO  ULRICH  VON  HUTTEN.  9 

shortness.  Indeed  the  symmetry  of  his  body  is  so  great  that  you  do  not 
notice  his  size.  He  is  of  light  complexion,  his  face  fair  rather  than  pale, 
yet  far  from  being  ruddy,  except  when  a  slight  flush  overspreads  it. 
His  hair  is  brownish  yellow  or,  if  you  prefer,  golden  brown ;  and  his 
beard  thin.  His  eyes  are  gray,  with  spots  here  and  there  on  them,  an 
indication  of  great  talent,  and  considered  in  England  the  sign  of  an 
amiable  temper,  though  our  countrymen  prefer  black  eyes.  It  is  said 
that  there  is  no  sort  of  eyes  less  subject  to  disease.  His  face  reflects  his 
mind,  and  always  wears  a  pleasant  and  mirthful  expression,  occasionally 
passing  into  a  laugh ;  and,  to  tell  the  truth,  he  is  more  inclined  to  pleas- 
antry than  to  gravity  and  dignity,  though  far  removed  from  folly  or 
buffoonery.  His  right  shoulder  has  the  look  of  being  somewhat  higher 
than  his  left,  especially  when  he  is  walking — the  fault  not  of  nature,  but 
of  habit,  as  is  the  case  with  many  of  our  peculiarities.  In  the  rest  of  his 
person  there  is  nothing  very  striking,  except  that  his  hands  are  rather 
coarse,  that  is  to  say,  in  comparison  with  the  general  beauty  of  his  per- 
son. He  was  always  from  his  childhood  very  negligent  of  everything 
relating  to  his  personal  appearance,  to  such  a  degree,  indeed,  that  he  is 
not  even  accustomed  to  care  greatly  for  those  things  which  Ovid  teaches 
us  are  alone  worthy  to  be  cared  for  by  men.  The  gracefulness  of  form 
which  he  had  when  a  youth  is  not  now,  as  you  might  guess,  that  of  a 
reed,  since  I  myself  knew  the  man  when  he  was  not  more  than  twenty- 
three  years  old,  for  now  he  is  over  forty.  His  health  is  good  rather  than 
robust,  yet  sufficient  for  any  labors  worthy  of  an  honest  citizen ;  and  he 
suffers  from  no  disease,  or  at  any  rate  from  very  few.  There  is  reason 
to  hope  he  will  be  long-lived,  since  his  father  is  a  very  old  man  and  en- 
joys a  wonderfully  vigorous  and  hearty  old  age. 

I  have  never  seen  any  one  less  fanciful  in  his  choice  of  food. 
Until  he  was  grown  up  he  liked  to  drink  water  best — a  custom  which 
he  had  from  his  father.  But  not  to  offend  any  one  in  this  matter,  he 
would  deceive  the  company  by  using  a  tin  cup  for  drinking,  and  then 
taking  beer  as  thin  as  water,  and  often  even  plain  water.  Wine  (it 
being  the  custom  then  for  people  to  invite  one  another  to  drink  out  of 
the  same  cup)  he  would  touch  with  the  tips  of  his  lips,  that  he  might 
not  seem  absolutely  to  refuse  it,  and  at  the  same  time  because  he  wished 
to  accustom  himself  to  things  that  are  usual.  He  preferred  plain  roast 
beef,  salt  fish,  and  brown  bread  well-raised,  to  what  most  people  con- 
sider delicacies,  though  he  made  no  effort  to  abstain  from  anything  that 


10  TRANSLATIONS    AND    REPRINTS. 

gives  harmless  pleasure,  even  to  the  body.  He  was  always  fond  of  every- 
thing with  milk  in  it,  and  of  fruit ;  eggs  he  regards  as  a  luxury.  His 
voice  is  neither  loud  nor  very  shrill,  but  penetrating,  with  no  softness 
or  melody ;  and  yet  he  speaks  distinctly.  Although  he  takes  pleasure 
in  all  kinds  of  music,  he  does  not  seem  to  have  been  gifted  by  nature 
with  a  voice  for  singing.  His  speech  is  wonderfully  precise  and  well 
enunciated,  neither  too  rapid  nor  at  all  hesitating.  He  dresses  very 
simply,  and  wears  no  silk  or  purple  or  gold  chains,  except  when  it  is 
impossible  to  avoid  it.  He  is  exceedingly  regardless  of  those  ceremonies 
by  which  most  people  judge  of  good  manners,  and  as  he  exacts  them 
from  no  one,  he  is  not  anxious  to  show  them  to  others ;  yet  he  under- 
stands them  perfectly,  if  he  chooses  to  practice  them.  He  thinks  it 
effeminate,  however,  and  unworthy  of  a  man  to  spend  a  great  part  of 
one's  time  on  such  trivial  concerns.  To  the  court  and  intercourse  with 
princes  he  was  formerly  much  averse,  because  tyranny  had  always  been 
particularly  hateful  to  him,  just  as  justice  was  attractive.  You  will 
scarcely  find  any  court  so  disciplined  as  not  to  have  much  of  bustle  and  of 
ambition,  much  guile  and  much  luxury,  and  which  is  entirely  free  from 
every  kind  of  tyranny.  Nor,  indeed,  into  the  court  of  Henry  VIII 
could  he  be  drawn,  except  by  much  effort,  although  none  can  be 
found  more  order-loving  and  more  moderate  than  this  prince.  More  is 
by  nature  desirous  of  liberty  and  ease;  but  just  as  he  uses  ease  gladly 
when  it  is  given,  so  when  business  requires,  no  one  is  more  careful  or 
more  laborious. 

One  might  suppose  he  had  been  expressly  formed  for  friendship, 
so  sincerely  does  he  cultivate,  and  so  tenaciously  adhere  to  it.  Nor 
is  he  afraid  of  having  too  many  friends,  although  Hesiod  condemns  it. 
In  fact,  he  is  ready  to  strike  up  acquaintance  with  everybody,  and 
while  he  is  thus  by  no  means  fastidious  in  his  choice  of  friends,  he  is 
ever  most  kind  in  showing  them  hospitality,  and  most  constant  in  re- 
taining them.  If  by  chance  he  falls  in  with  any  one  whose  faults  are 
past  cure,  he  takes  an  opportunity  of  dismissing  him  quietly,  thus  unty- 
ing, rather  than  rudely  breaking  the  bonds  of  friendship.  But  when 
he  finds  any  who  are  truly  sincere  and  of  congenial  temperament, 
he  is  so  fond  of  conversing  with  them  and  telling  them  stories,  that  you 
would  fancy  he  considered  this  the  greatest  pleasure  of  life ;  for  he  has 
an  utter  abhorrence  of  ball,  dice,  cards  and  other  games  with  which 
most  gentlemen  beguile  their  hours  of  leisure.  Moreover,  while  he  is 


• 


ERASMUS   TO   ULRICH   VON    HUTTEN.  II 

inattentive  to  his  own  interest,  he  is  most  diligent  in  looking  after  the 
business  of  his  friends.  In  short,  whoever  wants  a  perfect  pattern  of 
true  friendship,  cannot  possibly  do  better  than  take  it  from  the  example 
of  More. 

In  company,  he  possesses  such  rare  courtesy  and  sweetness  of  man- 
ner as  would  cheer  any  heart,  however  sad,  or  alleviate  the  tedium  of 
any  situation,  however  disagreeable.  From  his  boyhood,  he  was  always 
as  fond  of  jokes  as  if  he  had  come  into  the  world  for  no  other  purpose; 
yet  he  never  went  to  the  length  of  scurrility,  nor  could  he  bear  to  utter 
an  unkind  word.  When  a  lad,  he  both  wrote  farces,  and  acted  in 
them.  So  great  is  his  love  for  pleasantry,  especially  if  it  be  sharp  and 
really  clever,  that  he  would  enjoy  a  joke  even  at  his  own  expense,  and 
this  led  him,  when  he  was  a  young  man,  to  amuse  himself  with  writing 
epigrams;  indeed,  it  was  he  who  instigated  me  to  write  my  "Praise  of 
Folly,"  which  was  as  much  in  my  way  as  for  a  camel  to  dance.  There 
is  nothing,  however,  in  the  world,  not  even  in  the  most  serious  business, 
from  which  he  will  not  extract  amusement.  In  company  with  learned 
and  sensible  men,  he  finds  pleasure  in  intellectual  converse ;  but  among 
fools  or  silly  people,  he  amuses  himself  with  their  folly;  nor  do  the 
most  foolish  people  annoy  him,  so  extraordinary  is  his  power  of  adapting 
himself  to  every  character.  With  ladies,  and  even  with  his  wife,  he 
does  nothing  but  laugh  and  joke.  You  might  fancy  him  a  second 
Democritus,  or  rather  that  philosopher,  the  disciple  of  Pythagoras,  who 
walking  up  and  down  the  market  place  with  his  mind  at  leisure,  calmly 
surveys  the  busy  throng  of  buyers  and  sellers.  No  man  is  less  influ- 
enced by  the  opinion  of  the  world,  and  yet,  on  the  other  hand,  there  is 
no  one  who  has  more  common  sense.  One  of  his  greatest  pleasures  is 
to  observe  the  form,  the  instincts  and  the  dispositions  of  different  ani- 
mals ;  and  there  is  hardly  any  kind  of  bird  which  he  does  not  keep  at 
home,  besides  other  rare  animals,  as  the  ape,  the  fox,  the  ferret,  the 
weasel,  and  such  like.  Besides,  if  he  hears  of  any  foreign,  or  otherwise 
interesting  curiosity,  he  at  once  buys  it ;  and  every  corner  of  his  house 
is  so  filled  with  these  things  that  wherever  you  turn,  something  or  other 
worth  looking  at  attracts  the  eye,  and  so  his  own  pleasure  is  renewed  as 
often  as  he  sees  others  pleased. 

No  man  was  ever  less  greedy  of  filthy  lucre.  He  has  set  aside  for 
his  children  what  he  thinks  enough  for  them,  and  the  remainder  he 
spends  liberally.  When  he  was  living  by  his  practice  at  the  bar,  he 


12  TRANSLATIONS    AND    REPRINTS. 

gave  to  every  one  the  truest  and  most  friendly  advice,  looking  to  their 
advantage  rather  than  his  own  ;  and  he  would  persuade  many  to  com- 
pose their  differences,  telling  them  that  that  would  be  less  expensive  than 
going  to  law.  If  he  could  not  succeed  in  that,  seeing  there  are  some 
people  who  delight  in  litigation,  he  would  then  point  out  how  they 
might  have  their  differences  settled  at  the  smallest  possible  expense. 
For  several  years  he  was  a  judge  of  civil  causes  in  the  city  of  London, 
where  he  was  born — an  office,  which  as  it  has  few  duties  connected 
with  it,  (the  court  sitting  only  on  Thursday  mornings,)  is  yet  esteemed 
one  of  the  greatest  honor.  No  one  ever  dispatched  more  cases ;  no  one 
ever  acted  with  greater  integrity ;  he  often  returned  to  the  suitors  the 
fees  due  by  law.  That  is,  if  before  the  case  is  heard,  the  plaintiff  de- 
posits a  certain  sum  and  the  defendant  the  same,  no  more  can  be  subse- 
quently demanded.  In  this  way  he  brought  it  about  that  he  was 
extremely  beloved  in  his  city.  He  had,  however,  decided  to  be  content 
with  this  fortune,  which  had  enough  of  authority,  and  yet  was  not  sub- 
ject to  great  dangers. 

When  he  had  been  repeatedly  sent  on  embassies,  and  in  these  had 
acted  with  conspicuous  discretion,  the  most  serene  king,  Henry  VIII 
would  not  rest  until  he  had  dragged  the  man  into  the  services  of  his 
court.  For  why  should  I  not  say  "dragged?"  No  one  ever  went 
about  more  laboriously  to  be  admitted  to  court,  than  this  man  tried  to 
escape  it.  But  since  this  most  excellent  king  had  made  up  his  mind  to 
fill  his  household  with  learned,  grave,  discreet  and  honorable  men,  as 
many  others,  especially  did  he  summon  More,  whom  he  has  there  held 
in  the  greatest  intimacy,  so  that  he  will  never  let  him  leave  him.  If 
serious  matters  had  to  be  considered,  no  one  was  more  wise  in  council 
than  he ;  if  the  king  thought  well  to  relax  his  mind  with  pleasant  stories, 
no  companion  was  more  merry.  If  difficult  cases  demand  a  judge  of 
special  wisdom  and  gravity,  More  decides  them  so  as  to  please  both 
parties ;  and  yet  never  was  he  prevailed  on  to  receive  a  bribe  from  any 
one.  Happy  would  it  be  for  the  world,  if  every  king  could  employ 
such  ministers  of  justice  as  More.  Nor  has  he,  in  consequence  of  his 
elevation,  become  too  proud  to  remember  his  humble  friends ;  and  amid 
the  pressure  of  business,  he  yet  finds  time  now  and  then  to  return  to 
his  beloved  studies.  Whatever  power  he  has  in  virtue  of  his  rank, 
whatever  influence  he  enjoys  through  the  favor  of  his  sovereign,  he  uses 
it  all  for  the  good  of  his  country  and  the  good  of  his  friends.  At  all 


ERASMUS   TO    ULRICH   VON   HUTTEN.  13 

times  he  was  most  anxious  to  confer  favors  without  distinction,  and 
always  leaned  in  a  marvellous  degree  to  the  side  of  mercy ;  and  now, 
when  he  has  more  power,  he  indulges  the  spirit  the  more  freely.  He 
helps  some  with  money,  protects  others  by  his  authority;  others  he 
advances  by  his  recommendations,  while  he  aids  with  his  advice  those 
whom  he  cannot  otherwise  assist,  and  never  sends  any  one  from  him 
dissatisfied.  You  would  suppose  More  was  the  public  patron  of  all 
poor  men.  He  thinks  it  a  great  gain  to  himself  to  have  relieved  the 
oppressed,  set  at  liberty  the  embarrassed  or  perplexed,  or  recovered  the 
friendship  of  any  one  who  was  estranged  from  him.  No  one  can  be 
more  ready  to  do  a  kindness,  no  one  less  exacting  in  looking  for  its  re- 
payment. Now,  though  he  is  in  many  respects  at  the  very  pinnacle  of 
good-fortune,  and  although  good-fortune  is  usually  accompanied  by 
pride,  I  have  never  yet  met  with  anyone  who  was  more  entirely  free 
from  that  vice.  He  cultivates  true  piety  diligently,  though  far  removed 
from  all  superstition.  He  has  hours  in  which  he  appeals  to  God  in 
prayers  suggested  not  by  custom  but  by  his  heart.  With  his  friends  he 
talks  about  the  life  of  the  world  to  come,  in  such  a  way  that  you  will 
recognize  that  he  speaks  from  the  heart,  and  with  the  best  of  hopes. 

Such  is  More  at  court.  Yet  there  are  those  who  think  that  Chris- 
tians are  not  to  be  found  anywhere  except  in  monasteries.  Such  men 
this  most  wise  king  not  only  admits,  but  invites,  nor  indeed  only  invites, 
but  compels  into  his  household,  and  even  into  his  sleeping  chamber, 
He  has  these  as  observers  and  continual  witnesses  of  his  life;  he  has 
them  in  his  councils ;  he  has  them  as  companions  of  his  journeys.  He 
takes  pleasure  in  being  closely  surrounded  by  them,  rather  than  by 
youths  given  up  to  luxury,  or  by  girls,  or  even  by  bejewelled  rich  men, 
or  insincere  officials,  of  whom  one  summons  him  to  unsuitable  pleasures, 
another  inflames  him  to  tyranny,  another  suggest  new  means  of  despoil- 
ing the  people.  *  *  *  *  There  are  Mountjoy,  Linacre,  Pace, 
Colet,  Stokesley,  Clark,  Latimer,  More,  Tunstal — and  others  like  these, 
of  whom,  when  you  name  any  one,  you  name  at  the  same  time  a  whole 
world  of  virtues  and  studies.  *  *  *  *  Farewell. 
Antwerp,  July  23,  1519. 

IV.     LETTER  OF  MORE  TO  PETER  GILES.     1516. 

Ralph  Robinson's  Translation,  Arber  Reprint,  pp.  22-23.     Latin. 
Thomas  More  to  Peter  Giles,  sendeth  greeting : 


14  TRANSLATIONS    AND    REPRINTS. 

*         *  Only  to  write  plainly  the  matter  as  I  heard 

it  spoken ;  that  indeed  was  a  thing  light  and  easy  to  be  done.  Howbeit 
to  the  dispatching  of  this  so  little  business,  my  other  cares  and  troubles 
did  leave  almost  less  than  no  leisure.  While  I  do  daily  bestow  my 
time  about  law  matters ;  some  to  plead,  some  to  hear,  some  as  an  arbi- 
trator with  mine  award  to  determine,  some  as  an  umpire  or  a  judge, 
with  my  sentence  to  discuss.  Whiles  I  go  one  way  to  see  and  visit  my 
friend ;  another  way  about  mine  own  private  affairs.  Whiles  I  spend 
almost  all  the  day  abroad  among  others,  and  the  residue  at  home  among 
mine  own,  I  leave  to  myself,  I  mean  to  my  book,  no  time.  For  when  I 
am  come  home,  I  must  commune  with  my  wife,  chat  with  my  children, 
and  talk  with  my  servants.  All  the  which  things,  I  reckon  and  account 
among  business,  forasmuch  as  they  must  of  necessity  be  done ;  and  done 
must  they  needs  be,  unless  a  man  will  be  a  stranger  in  his  own  house. 
And  in  any  wise  a  man  must  so  fashion  and  order  his  condition,  and  so 
appoint  and  dispose  himself,  that  he  be  merry,  jocund  and  pleasant 
among  them,  whom  either  nature  hath  provided,  or  chance  hath  made, 
or  he  himself  hath  chosen,  to  be  the  fellows  and  companions  of  his  life ; 
so  that  with  too  much  gentle  behavior  and  familiarity,  he  do  not  mar 
them,  and  by  too  much  sufferance  of  his  servants,  maketh  them  his 
masters.  Among  these  things  now  rehearsed  stealeth  away  the  day,  the 
month,  the  year,  When  do  I  write,  then?  And  all  this  while,  have  I 
spoken  no  word  of  sleep,  neither  yet  of  meat,  which  among  a  great 
number  doth  waste  no  less  time  than  doth  sleep,  wherein  almost  half  the 
lifetime  of  man  creepeth  away.  I  therefore  do  win  and  get  only  that 
time  which  I  steal  from  sleep  and  meat.  Which  time,  because  it  is  very 
little,  and  yet  somewhat  it  is,  therefore  have  I  once  at  the  last,  though 
it  be  long  first,  finished  Utopia ;  and  have  sent  it  to  you,  friend  Giles, 
to  read  and  peruse. 


V.     EXTRACTS  FROM  ROPERS  LIFE  OF  MORE. 

Composed  by  his  son-in-law,  Wm.  Roper,  about  1555  ;  first  printed  in  1626. 

And  for  the  pleasure  he  (the  king)  took  in  his  (More's)  company, 
would  his  Grace  suddenly  sometimes  come  home  to  his  (More's)  house 
at  Chelsea  to  be  merry  with  him,  whither  on  a  time  unlooked  for  he 
came  to  dinner,  and  after  dinner,  in  a  fair  garden  of  his,  walked  with 


EXTRACTS   FROM    ROPER'S    LIFE   OF   MORE.  15 

him  by  the  space  of  an  hour  holding  his  arm  about  his  neck.  As  soon 
as  his  Grace  was  gone,  I  rejoicing,  told  Sir  Thomas  More  how  happy  he 
was  whom  the  king  had  so  familiarly  entertained,  as  I  had  never  seen 
him  do  to  any  before,  except  Cardinal  Wolsey,  whom  I  saw  his  Grace 
once  walk  with,  arm  in  arm.  "I  thank  our  Lord,  son,"  quoth  he,  "I 
find  his  Grace  my  very  good  lord,  indeed,  and  I  do  believe  he  doth  as 
singularly  favor  me  as  any  subject  within  this  realm.  Howbeit  I  may 
tell  thee,  I  have  no  cause  to  be  proud  thereof.  For  if  my  head  would 
win  him  a  castle  in  France  (for  then  there  was  war  between  us),  it 
should  not  fail  to  go." 

On  a  time,  walking  along  the  Thames'  side  with  me,  at  Chelsea,  in 
talking  of  other  things  he  said  to  me:  "Now  would  to  God,  son  Roper, 
upon  condition  three  things  were  well  established  in  Christendom,  I 
were  put  in  a  sack  and  here  presently  cast  into  the  Thames."  "What 
great  things  be  these,  sir,"  quoth  I,  "  that  should  move  you  so  to  wish?" 
"F  faith,  they  be  these,  son,"  quoth  he.  "The  first  is,  that  whereas  the 
most  part  of  Christian  princes  be  at  mortal  wars,  they  were  at  universal 
peace.  The  second,  that  where  the  church  of  Christ  is  at  this  present 
sore  afflicted  with  many  heresies  and  errors,  it  were  well  settled  in  an 
uniformity  of  religion.  The  third,  that  where  the  king's  matter  of  his 
marriage  is  now  come  into  question,  it  were  to  the  glory  of  God  and 
quietness  of  all  parties  brought  to  a  good  conclusion." 

Now  upon  his  resignment  of  his  office  came  Sir  Thomas  Cromwell, 
then  in  the  king's  high  favor,  to  Chelsea,  to  him  on  a  message  from  the 
king,  wherein,  when  they  had  thoroughly  communed  together,  "Mr. 
Cromwell,"  quoth  he,  "you  are  now  entered  into  the  service  of  a  most 
noble,  wise  and  liberal  prince ;  if  you  will  follow  my  poor  advice,  you 
shall,  in  counsel-giving  unto  his  Grace,  ever  tell  him  what  he  ought  to 
do,  but  never  tell  him  what  he  is  able  to  do,  so  shall  you  show  yourself 
a  true  faithful  servant,  and  a  right  worthy  councillor.  For  if  the  lion 
knew  his  own  strength,  hard  were  it  for  any  man  to  rule  him." 

After  this,  as  the  duke  of  Norfolk  and  Sir  Thomas  More  chanced 
to  fall  in  familiar  talk  together,  the  duke  said  unto  him,  "By  the  mass, 
Mr.  More,  it  is  perilous  striving  with  princes,  and  therefore  I  would 
wish  you  somewhat  to  incline  to  the  king's  pleasure.  For  by  God's 
body,  Mr.  More,  'the  anger  of  the  king  is  death.'"  "Is  that  all,  my 


1 6  TRANSLATIONS    AND   REPRINTS. 

lord?"  quoth  he,  "is  there,  in  good  faith,   no  more  difference  between 
your  Grace  and  me,  but  that  I  shall  die  to-day  and  you  to-morrow?" 

And  so  was  he  brought  by  Mr.  Lieutenant  out  of  the  tower,  and 
from  thence  led  towards  the  place  of  execution,  where,  going  up  the 
scaffold,  which  was  so  weak  that  it  was  ready  to  fall,  he  said  to  Mr. 
Lieutenant,  "I  pray  you,  I  pray  you,  Mr.  Lieutenant,  see  me  safe  up, 
and  for  my  coming  down  let  me  shift  for  myself."  Then  desired  he  all 
the  people  thereabouts  to  pray  for  him,  and  to  bear  witness  with  him 
that  he  should  then  suffer  death  in,  and  for  the  faith  of  the  holy 
catholic  church ;  which  done  he  kneeled  down,  and  after  his  prayers 
said,  he  turned  to  the  executioner,  and  with  a  cheerful  countenance 
spake  unto  him:  "Pluck  up  thy  spirits,  man,  and  be  not  afraid  to  do 
thine  office.  My  neck  is  very  short ;  take  heed  therefore  thou  shoot 
not  awry,  for  saving  thine  honesty."  So  passed  Sir  Thomas  More  out  of 
this  world  to  God. 

Soon  after  whose  death  came  intelligence  thereof  to  the  Emperor 
Charles,  whereupon  he  sent  for  Sir  Thomas  Elliott,  our  English  ambas- 
sador, and  said  unto  him:  "My  lord  ambassador,  we  understand  that 
the  king,  your  master,  hath  put  his  faithful  servant  and  grave,  wise 
councillor,  Six  Thomas  More,  to  death.  *  *  *  If  we  had  been 
master  of  such  a  servant,  of  whose  doings  ourselves  have  had  these 
many  years  no  small  experience,  we  would  rather  have  lost  the  best  city 
of  our  dominions,  than  have  lost  such  a  worthy  councillor." 


VI.     LETTER  FROM  LATIMER  TO  HENRY  VIII,  1580. 

Latimer's  Remains,  published  by  the  Parker  Society,  pp.  308-9. 

I  pray  to  God  that  your  Grace  may  take  heed  of  the  worldly 
wisdom  which  is  foolishness  before  God ;  that  you  may  do  that  God 
commandeth,  and  not  that  seemeth  good  in  your  own  sight,  without  the 
word  of  God ;  that  your  Grace  may  be  found  acceptable  in  his  sight, 
and  one  of  the  members  of  his  church  ;  and  according  to  the  office  that 
he  hath  called  your  Grace  unto,  you  may  be  found  a  faithful  minister 
of  his  gifts,  and  not  a  defender  of  his  faith ;  for  he  will  not  have  it  de- 
fended by  man  or  man's  power,  but  by  his  word  only,  by  the  which  he 


ACT   OF   SUPREMACY.  17 

hath  evermore  defended  it,  and  that  by  a  way  far  above  man's  power 
or  reason. 

Wherefore,  gracious  king,  remember  yourself;  have  pity  upon 
your  soul ;  and  think  that  the  day  is  even  at  hand  when  you  shall  give 
account  for  your  office,  and  of  the  blood  that  hath  been  shed  by  your 
sword.  In  which  day,  that  your  Grace  may  stand  steadfastly,  and  not 
be  ashamed,  but  be  clear  and  ready  in  your  reckoning,  and  have,  as 
they  say,  your  quietus  eat  sealed  with  the  blood  of  our  Saviour  Christ,  which 
serveth  at  that  day,  is  my  daily  prayer  to  Him  that  suffered  death  for 
our  sins,  which  also  prayeth  to  his  Father  for  grace  for  us  continually ; 
to  whom  be  all  honor  and  praise  forever.  Amen.  The  spirit  of  God 
preserve  your  Grace. 


VII.     STATUTES. 


i.      777.fi:  ACT  OF  SUPREMACY. 
26  Henry  VIII,  c.  i,  (1534).     Statutes  of  the  Realm  III,  p.  492.     English. 

An  Act  concernynge  the  Kynges  Highnes  to  be  supreme  heed  of 
the  Churche  of  Englande  and  to  have  auctoryte  to  reforme  and  redresse 
all  errours,  heresyes  and  abuses  yn  the  same. 

Albeit  the  Kynges  Majestic  justely  and  rightfully  is  and  oweth  to 
be  the  supreme  heed  of  the  Churche  of  England,  and  so  is  recog- 
nysed  by  the  clergy  of  this  Realme  in  theyr  convocacions ;  yet  neverthe- 
lesse  for  corroboracion  and  confirmacion  thereof,  and  for  increase  of 
vertue  in  Cristis  Religion  within  this  Realme  of  England,  and  to  re- 
presse  and  extirpe  all  errours,  heresies  and  other  enormyties  and  abuses 
heretofore  used  in  the  same.  Be  it  enacted  by  auctority  of  this  present 
Parliament  that  the  Kyng  our  Soveraign  Lorde,  his  heires  and  succes- 
sours  Kynges  of  this  Realme  shall  be  takyn,  acceptyd,  and  reputed  the 
onely  supreme  heed  in  erthe  of  the  Churche  of  England  callyd 
Anglicana  Ecclesia,  and  shall  have  and  enjoy e  annexed  and  unyted  to 
the  Ymperyall  Crowne  of  this  Realme  as  well  the  title  and  style 
thereof,  as  all  Honours  Dignyties  prehemynences  jurisdiccions  privileges 
auctorities  ymunyties  profitis  and  commodities  to  the  said  dignyties  of 
supreme  heed  of  the  same  Churche  belongyng  and  apperteyning :  And 
that  our  said  Soveraigne  Lorde  his  heires  and  successours  Kynges  of  this 


1 8  TRANSLATIONS   AND   REPRINTS. 

Realme  shall  have  full  power  and  auctorite  from  tyine  to  tyme  to  visite 
represse  redresse  refbrme  order  correct  restrayne  and  amende  all  suche 
errours  heresies  abuses  offences  contemptes  and  enormyties  whatsoever 
they  be  whiche  by  any  maner  spirituall  auctoryte  or  juristiccion  ought  or 
maie  lawfullye  be  reformyd  repressyd  ordred  redressyd  correctyd  re- 
strayned  or  amendyd,  most  to  the  pleasure  of  almyghtie  God  the  increase 
of  vertue  yn  Chrystis  Religion  and  for  the  couservacy  of  the  peace  unyte 
and  tranquylyte  of  this  Realme :  Any  usage  custome  foreyne  laws 
foreyne  auctoryte  prescripcion  or  anye  other  thinge  or  thinges  to  the 
contrarie  hereof  notwithstanding^. 


2.     THE  ACT  OF  THE  SIX  ARTICLES. 
31  Henry  VIII,  c.  14,  (1539),  \  I.     Statutes  of  the  Realm,  III,  pp.  739-740.  English. 

An  Acte  abolishing  diversity  in  Opynions. 

Where  the  Kiiiges  most  excellent  Majestic  is  by  Gods  lawe  supreme 
head  ymmediately  under  him  of  this  hole  churche  and  congregation  of 
Englande  intendinge  the  conservacion  of  the  same  Churche  and  congre- 
gation in  a  true  syncere  and  unyforme  doctrine  of  Christ's  Religion. 

•%.  %.  %.  %  ^c 

Forasmuche  as  in  the  saide  parliament  synode  and  convocaciori 
there  were  certen  articles,  matters  and  questions  proponed  and  set  forth 
touchinge  Christen  Religion. 

The  Kinges  most  Royal  Majestic  most  prudently  ponderinge  and 
consideringe  that  by  occasion  of  variable  and  sundrie  opinions  and  judge- 
ments of  the  saide  articles,  greate  discorde  and  variance  hathe  arisen  as 
well  amongest  the  clergie  of  this  his  Realme  as  amongest  a  great  num- 
ber of  vulgar  people  his  lovinge  subjects  of  the  same,  and  beinge  in  a  full 
hope  and  truste  that  a  full  and  perfect  resolucion  of  the  saide  articles 
shoulde  make  a  perfecte  Concorde  and  unyte  generally  amonge  all 
his  lovinge  and  obedient  subjects ;  of  his  most  excellent  goodness  not 
only  commanded  that  the  saide  articles  shoulde  deliberately  and  ad- 
visedly by  his  saide  Archbisshops  Bishopps  and  other  lerned  men  of  his 
clergie  be  debated  argued  and  reasoned,  and  their  opinions  therein  to  be 
understood  declared  and  knowne,  but  also  most  graciously  vouchsaved  in 
his  owne  princelie  persoa  to  discend  and  come  into  his  said  highe  Courte 
of  Parliament  and  Counsaile  and  there  like  a  Prince  of  most  highe  Pru- 
dence and  noe  lesse  leruynge  opened  and  declared  many  things  of  highe 


ACT   OF   THE   SIX    ARTICLES.  19 

lerning  and  great  knowledge  touchinge  the  said  articles  matters  and 
questions,  for  an  unytye  to  be  had  in  the  same ;  whereupon,  after  a  greate 
and  longe  deliberate  and  advised  disputacion  and  consultacion  had  and 
made  concerning  the  saide  articles,  as  well  by  the  consent  of  the  Kinges 
Highnes  as  by  thassent  of  the  Lordes  spirituall  and  temporall  and 
other  lerned  men  of  his  clergie  in  their  convocacion,  and  by  the  consent 
of  the  Commons  in  this  present  parliament  assembled,  it  was  and  is 
fynally  resolved  accorded  and  agreed  in  manner  and  forme  following, 
that  is  to  say :  First,  that  in  the  most  blessed  Sacrament  of  the  aulter, 
by  the  strengthe  and  efficacy  of  Christs  myghtie  worde,  it  beinge  spoken 
by  the  prest,  is  present  really,  under  the  forme  of  bread  and  wyne,  the 
naturale  bodye  and  bloode  of  our  Saviour  Jesu  Crist,  conceyved  of  the 
Virgin  Marie,  and  after  the  consecracion  there  remayneth  noe  substance 
of  bread  or  wyne,  nor  any  other  substance  but  the  substance  of  Criste, 
God  and  man ;  secondly,  that  Comunion  in  bothe  kinds  is  not  necessarie 
ad  salutem  by  the  lawe  of  God  to  all  persons ;  and  that  it  is  to  be 
beleved  and  not  doubted  of,  but  that  in  the  fleshe  under  forme  of 
bread  is  the  verie  blode,  and  withe  the  blode  under  forme  of  wyne  is 
the  verie  fleshe,  as  well  aparte  as  thoughe  they  were  bothe  together ; 
thirdly,  that  Priests  after  the  order  of  Presthode  recey  ved  as  afore  may  not 
marye  by  the  lawe  of  God ;  fourthlye,  that  vowes  of  chastitye  and  wyd- 
owhood  by  man  or  woman  made  to  God  advisedly  ought  to  be  observed 
by  the  lawe  of  God,  and  that  it  exempteth  them  from  other  libertyes  of 
Cristen  people,  which  without  that  they  myght  enjoy e ;  fyftly,  that  it  is 
mete  and  necessarie  that  private  masses  be  contynued  and  admytted  in 
this  the  Kings  English  Churche  and  congregacion  as  whereby  good 
Cristen  people  orderinge  them  selfes  accordingly  doe  recey  ve  bothe  godly 
and  goodly  consolacions  and  benefyttes  and  it  is  agreable  also  to  Gods 
lawe ;  sixtly,  that  auricular  confession  is  expedient  and  necessarie  to  be 
retayned  and  contynued  used  and  frequented  in  the  Churche  of  God.1 


1  Subsequent  paragraphs  provide,  (i),  that  any  person  teaching  or  preaching  to 
the  contrary  of  the  first  of  the  above  articles  should  be  adjudged  a  heretic,  be  put  to 
death  "by  waye  of  burninge, "  and  should  forfeit  all  his  possessions  to  the  king; 
(2),  that  any  person  teaching  or  preaching  to  the  contrary  of  the  other  five  articles 
should  be  adjudged  a  felon,  suffer  death  accordingly,  forfeiting  all  his  goods  as  be- 
fore ;  (3),  all  marriages  of  priests,  monks,  and  nuns  should  be  dissolved ;  (4),  all 
books  containing  matter  contrary  to  the  six  articles  should  be  burnt ;  (5),  the  clergy 
should  read  the  articles  aloud  in  their  churches  once  every  three  months  ;  (6),  com- 
missioners should  be  appointed  to  see  that  the  act  was  enforced. 


2O  TRANSLATION    AND    REPRINTS. 

VIII.     EXTRACTS  FROM  A  SERMON  BY  LATIMER. 

Sermon  on  "The  Agony  in  the  Garden,"  preached  before  King  Edward  VI, 
Good  Friday,  April  igth,  1549.  Seven  Sermons  before  Edward  VI,  Arber  Reprint, 
pp.  182-208. 

Quaecunque  scripta  sunt  ad  nostram  doctrinam  seripta  sunt.  All 
things  that  be  written,  they  be  written  to  be  our  doctrine.  By  occasion 
of  this  text,  most  honorable  audience,  I  have  walked  this  Lent  in  the 
broad  fields  of  scripture  and  used  my  liberty  and  intreated  of  such  mat- 
ters as  I  thought  meet  for  this  auditory.  I  have  had  a  do  with  many 
estates,  even  with  the  highest  of  all.  I  have  intreated  of  the  duty  of 
kings,  of  the  duty  of  magistrates  and  judges,  of  the  duty  of  prelates, 
allowing  that  that  is  good,  and  disallowing  the  contrary.  I  have  taught 
that  we  are  all  sinners.  I  think  there  is  none  of  us  all,  neither  preacher 
nor  hearer,  but  we  may  be  amended,  and  redress  our  lives.  We  may 
all  say,  yea  all  the  pack  of  us,  peccavimus  cum  patribus  nostris.  We 
have  offended  and  sinned,  with  our  forefathers.  In  multis  offendimus 
omnes.  There  is  none  of  us  all,  but  we  have  in  sundry  things  griev- 
ously offended  almighty  God.  I  here  intreated  of  many  faults  and  re- 
buked many  kinds  of  sins.  I  intend  to-day  by  God's  grace,  to  show  you 
the  remedy  of  sin.  * 

Let  us  follow  Christ  which  in  his  agony  resorted  to  his  father  wiiii 
his  prayer.  This  must  be  our  pattern  to  work  by.  Here  I  might  dilate 
the  matter  as  touching  praying  to  saints,  here  we  may  learn  not  to  pray 
to  saints.  Christ  bids  us,  ora  pair  em  qui  est  in  ccelis.  Pray  to  thy 
Father  that  is  in  heaven,  to  the  creator,  and  not  to  any  creature. 

Faith  is  a  noble  duchess,  she  hath  ever  her  gentleman  usher  going 
before  her,  the  confession  of  sins ;  she  hath  a  train  after  her,  the  fruits  of 
good  works,  the  walking  in  the  commandments  of  God.  He  that  be- 
lieveth  will  not  be  idle,  he  will  walk,  he  will  do  his  business.  Have 
ever  the  gentleman  usher  with  you.  So  if  you  will  try  faith,  remember 
this  rule, — consider  whether  the  train  be  waiting  upon  her. 

If  you  will  believe  and  acknowledge  your  sins,  you  shall  come  to 
the  blessed  communion  of  the  bitter  passion  of  Christ  worthily,  and  so 
attain  to  everlasting  life,  to  the  which  the  Father  of  heaven  bring  you 
and  me.  Amen. 


FROM  THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 
VOL.  I.  URBAN  AND  THE  CRUSADERS.  No.  2. 

TABLE  OF  CONTENTS. 

I.       SPEECH  OF  URBAN  II  AT  THE  COUNCIL  OF  CLERMONT. 

1.  Version  given  by  Fulcher  of  Chartres 2 

2.  Version  given  by  Robert  the  Monk 5 

THE  TRUCE  OF  GOD. 

1.  First  Canon  of  the  Council  of  Clermont 8 

2.  Truce  of  God  for  Diocese  of  Cologne,  April  20,  1083  .  9 

in.       PRIVILEGES  OF  THE  CRUSADERS. 

1.  Privilege  granted  by  Urban  II,  1095      12 

2.  Privileges  granted  by  Eugene  III,  1145 13 

3.  Decree  of  Philip  Augustus,  1188,  concerning  debts  of 

Crusaders 13 

4.  Privileges  granted  by  Fourth  L/ateran  Council,  1215  .          16 

5.  Privileges  granted  for  Crusade  against  Heretics  in 

I/anguedoc,  1207-08 18 

6.  Privileges  granted  for  Crusade  against  Frederic  II, 

1248      18 

7.  Privilege  granted  by  I/ouis  IX.,  1270 19 

IV.      PKTER  THE  HERMIT. 

1.  Guibert  of  Nogent's  Account 20 

2.  William  of  Tyre's  Account 20 

V.       FDLCHKR'S  ACCOUNT  OF  THE  START 22 

VI.        SELECT  BIBLIOGRAPHY 23 


2  TRANSLATIONS   AND    REPRINTS. 

I.     SPEECH  OF  URBAN  II.  AT  THE  COUNCIL  OF  CLERMONT. 
November  26,  1095. 

Four  contemporaries,  who  were  probably  present  at  the  Council  of  Clermont,  give 
in  their  histories  accounts  of  Urban's  speech.  No  one  pretends  to  reproduce  his  exact 
words.  Each  gives  an  outline  of  what  was  said,  and  dwells  on  the  part  which  espec- 
ially interested  him.  Guibert  of  Nogent  was  most  affected  by  the  mysticism  of  the 
Pope,  and  the  need  of  contending  against  Anti-Christ,  when  he  should  arise.  Baldric 
of  Dol's  account  is  the  least  full,  and  adds  little  to  the  other  accounts.  The  versions 
given  by  Fulcher  of  Chartres  and  Robert  the  Monk  are  reproduced  here.  (For  other 
versions,  see  Rohricht:  Beitrage  zur  Geschichte  der  Kreuzziige,  II,  45.) 

The  version  of  Urban's  speech  given  by  William  of  Tyre,  though  the  one  gen- 
erally quoted,  is  wholly  untrustworthy.  The  learned  bishop  colors  and  reworks  the 
accounts  of  the  contemporaries,  and  adds  some  statements  of  his  own.  He  speaks  of 
Peter  the  Hermit,  who  is  not  mentioned  by  any  one  of  the  first  four  and  who 
certainly  was  not  mentioned  by  Urban.  His  whole  account  reflects  the  ideas  of  a 
later  age. 

Of  Urban's  speech  Wilken  says  :  "Many  orations  have  been  delivered  with  as 
much  eloquence,  and  in  as  fiery  words  as  the  Pope  used,  but  no  other  oration  has  ever 
been  able  to  boast  of  as  wonderful  results."  ~"^j 

I.     Version  given  by  Fulcher  of  Chartres. 
Recueil,  III,  322  ff.     Bongars,  I,  382-383.     Latin. 

Most  beloved  brethren,  moved  by  the  exigencies  of  the  times,  I, 
Urban,  wearing  by  the  permission  of  God  the  papal  tiara,  and  spiritual 
ruler  of  the  whole  world,  have  come  here  to  you,  the  servants  of  God, 
as  a  messenger  to  disclose  the  divine  admonition.  I  desire  that  those 
whom  I  have  believed  to  be  the  faithful  servants  of  God  shall  show 
themselves  such,  and  that  there  shall  be  no  shameful  dissimulation. 
But  if  there  is  in  you,  contrary  to  God's  law,  any  deformity  or  crooked- 
ness, because  you  have  lost  the  moderation  of  reason  and  justice,  I  will 
earnestly  strive  to  root  out  the  fault.  For  the  Lord  has  placed  you  over 
His  family  as  stewards  in  order  that  you  may  feed  its  members  with 
pleasant  tasting  food  suited  to  the  time.  You  will  be  happy  indeed,  if 
when  He  requires  of  you  an  account,  He  shall  find  that  you  have  been 
faithful  in  your  stewardships.  You  are  also  called  shepherds ;  be  not 
hirelings.  Be  true  shepherds  and  have  your  crooks  always  in  your 
hands.  Fall  not  asleep,  but  watch  in  all  places  over  the  flock  com- 
mitted to  your  charge.  For  if,  through  your  carelessness  or  negligence, 
any  wolf  snatches  away  a  sheep,  you  will  not  only  lose  the  reward  pre- 
pared for  you  in  the  presence  of  your  Lord,  but  also,  having  been  first 
bitterly  tortured  by  remorse  for  your  crimes,  you  will  be  savagely  hurled 
into  the  deadly  abode. 


SPEECH    OF    URBAN    II.  3 

In  the  words  of  the  Gospel,  "  Ye  are  the  salt  of  the  earth."  But 
if  you  fail  in  your  duty,  how,  we  ask,  can  it  be  salted?  Oh,  how 
admirable  is  that  salting  !  Truly,  you  must  strive  by  the  salt  of  wisdom 
to  correct  these  foolish  people,  hastening  open-mouthed  after  the 
pleasures  of  this  world,  lest  putrefied  by  sins  and  unsalted,  they  may 
be  a  stench  in  the  nostrils  when  the  Lord  wills  on  some  future  day  to 
address  them.  For  if,  through  your  neglect  of  duty,  He  shall  find  in 
them  any  worms,  that  is  sins,  He  will  in  contempt  order  them  to  be 
hurled  into  the  abyss  of  unclean  things.  And  because  you  are  unable 
to  make  good  to  Him  so  great  a  loss,  He  will  certainly  drive  you,  con- 
demned by  His  judgment,  from  the  presence  of  His  love. 

But  for  this  reason  the  distributor  of  this  salt  ought  to  be  wise, 
prudent,  modest,  pacific,  learned,  watchful,  pious,  just,  equitable,  pure. 
For  how  can  the  unlearned  make  others  learned,  the  immodest  make 
others  modest,  the  impure  make  others  pure?  If  anyone  hates  peace, 
how  can  he  be  a  peace-maker?  Or  if  one's  own  hands  are  unclean, 
how  can  he  cleanse  the  impurities  of  another?  We  read  also  that  "  if 
the  blind  lead  the  blind,  both  shall  fall  into  the  ditch."  Accordingly 
first  correct  yourselves,  so  that  without  reproach  you  may  be  able  to 
correct  those  under  your  charge. 

If  you  wish  to  be  the  friends  of  God,  do  willingly  the  things  which 
you  believe  to  be  agreeable  to  Him.  Look  to  it  especially  that  the 
rules  of  the  church  are  vigorously  maintained,  so  that  simoniacal  heresy 
in  no  way  takes  root  among  you ;  take  heed  lest  purchasers  and  venders 
alike,  struck  by  the  chastisement  of  the  Lord,  be  miserably  driven 
through  narrow  ways  to  confusion  and  destruction.  Keep  the  church 
and  those  in  its  service  entirely  free  from  all  secular  power,  cause  the 
tithes  due  to  God  from  all  the  fruits  of  the  field  to  be  faithfully  paid ;  let 
them  not  be  sold  or  held  back.  If  any  one  shall  lay  hands  on  a  bishop, 
let  him  be  considered  as  wholly  an  outlaw.  If  any  one  shall  seize  or 
despoil  monks,  priests,  nuns,  and  their  servants,  or  pilgrims  or  merchants, 
let  him  be  anathematized.  Let  robbers,  incendiaries  and  their  accom- 
plices be  shut  out  from  the  church  and  stricken  with  the  anathema. 
Therefore  we  must,  as  Gregory  says,  especially  consider  how  he,  who 
steals  the  property  of  another,  is  to  be  punished,  if  he  who  from  his 
own  possessions  does  not  employ  a  part  in  alms,  incurs  the  damnation 
of  hell.  For  so  it  befel  Dives  mentioned  in  the  Gospel,  who  forsooth 
was  punished  not  for  having  stolen  the  property  of  another,  but  because 
he  was  a  bad  steward  of  what  had  been  intrusted  to  him. 


4  TRANSLATIONS   AND    REPRINTS. 

By  these  evils,  therefore,  as  has  been  said,  dearly  beloved  brethren, 
you  have  seen  the  world  troubled  for  a  long  time  to  such  an  extent 
that  in  some  places  in  your  provinces,  as  has  been  reported  to  us — 
mayhap  through  your  weakness  in  administering  justice — hardly  any  one 
can  venture  to  travel  upon  the  highways,  by  night  or  day,  without 
danger  of  attack  by  thieves  or  robbers ;  and  no  one  is  sure  that  his 
property  at  home  or  abroad  will  not  be  taken  from  him  by  the  violence 
or  craft  of  the  wicked.  Therefore,  let  us  re-enact  the  law  made  by 
our  holy  ancestors  long  ago  and  commonly  called  "  the  Truce  "  [of 
God].  I  most  earnestly  exhort  you  that  each  one  should  strenuously 
do  all  in  his  power  to  have  it  observed  in  his  bishopric.  But  if  any  one 
misled  by  pride  or  cupidity  breaks  it  voluntarily,  let  him  be  anathema- 
tized by  the  authority  of  God  and  by  the  sanction  of  the  decrees  of  this 
council. 

(Here  Urban  paused  and  the  council  enacted  the  decrees  which  he  desired,  and 
which  all  who  were  present  took  oath  to  obey  faithfully.    The  Pope  then  proceeded  :) 

Since,  oh  sons  of  God,  you  have  promised  the  Lord  more  earnestly 
than  heretofore  to  maintain  peace  in  your  midst  and  faithfully  to  sustain 
the  laws  of  the  church,  there  remains  for  you,  newly  fortified  by  the 
correction  of  the  Lord,  to  show  the  strength  of  your  integrity  in  a 
certain  other  duty,  which  is  not  less  your  concern  than  the  Lord's. 
For  you  must  carry  succor  to  your  brethren  dwelling  in  the  East,  and 
needing  your  aid,  which  they  have  so  often  demanded.  For  the  Turks, 
a  Persian  people,  have  attacked  them,  as  many  of  you  know,  and 
have  advanced  into  the  territory  of  Romania  as  far  as  that  part  of  the 
Mediterranean  which  is  called  the  Arm  of  St.  George  ;*  and  occupying 
more  and  more  the  lands  of  those  Christians,  have  already  seven  times 
conquered  them  in  battle,  have  killed  and  captured  many,  have  de- 
stroyed the  churches  and  devastated  the  kingdom  of  God.  If  you 
permit  them  to  remain  for  a  time  unmolested,  they  will  extend  their 
sway  more  widely  over  many  faithful  servants  of  the  Lord. 

Wherefore,  I  pray  and  exhort,  nay  not  I,  but  the  Lord  prays  and 
exhorts  you,  as  heralds  of  Christ,  by  frequent  exhortation,  to  urge  men 
of  all  ranks,  knights  and  foot-soldiers,  rich  and  poor,  to  hasten  to  exter- 
minate this  vile  race  from  the  lands  of  our  brethren,  and  to  bear  timely 
aid  to  the  worshippers  of  Christ.  I  speak  to  those  who  are  present,  I 
proclaim  it  to  the  absent,  but  Christ  commands.  Moreover,  the  sins 


*The  Hellespont. 


SPEECH    OF   URBAN   II.  5 

I    . 

of  those  who  set  out  thither,  if  they  lose  their  lives  on  the  journey,  by 
land  or  sea,  or  in  fighting  against  the  heathen,  shall  be  remitted  in  that 
hour ;  this  I  grant  to  all  who  go,  through  the  power  of  God  vested  in  me. 
Oh,  what  a  disgrace  if  a  race  so  despised,  degenerate,  and  slave  of 
the  demons,  should  thus  conquer  a  people  fortified  with  faith  in  omnip- 
otent God  and  resplendent  with  the  name  of  Christ !  Oh,  how  many 
reproaches  will  be  heaped  upon  you  by  the  Lord  Himself  if  you  do  not 
aid  those  who  like  yourselves  are  counted  of  the  Christian  faith  !  Let 
those  who  have  formerly  been  accustomed  to  contend  wickedly  in  pri- 
vate warfare  against  the  faithful,  fight  against  the  infidel  and  bring  to 
a  victorious  end  the  war  which  ought  long  since  to  have  been  begun. 
Let  those  who  have  hitherto  been  robbers  now  become  soldiers  of 
Christ.  Let  those  who  have  formerly  contended  against  their  brothers 
and  relatives  now  fight  as  they  ought  against  the  barbarians.  Let 
those  who  have  formerly  been  mercenaries  at  low  wages,  now  gain 
eternal  rewards.  Let  those  who  have  been  striving  to  the  detriment 
both  of  body  and  soul,  now  labor  for  a  two-fold  reward.  What  shall  I 
add?  On  this  side  will  be  the  sorrowful  and  poor,  on  the  other  the 
joyful  and  the  rich ;  here  the  enemies  of  the  Lord,  there  His  friends. 
Let  not  those  who  are  going  delay  their  journey,  but  having  arranged 
their  affairs  and  collected  the  money  necessary  for  their  expenses,  when 
the  winter  ends  and  the  spring  comes,  let  them  with  alacrity  start  on 
their  journey  under  the  guidance  of  the  Lord.  

2.     Version  given  by  Robert  the  Monk. 
Recueil,  III,  727  ft.     Bongars  I,  31-32.     Latin. 

Oh,  race  of  Franks,  race  from  across  the  mountains,  race  chosen 
and  beloved  by  God — as  shines  forth  in  very  many  of  your  works — set 
apart  from  all  nations  by  the  situation  of  your  country,  as  well  as  by 
your  catholic  faith  and  the  honor  of  the  holy  church  !  To  you  our 
discourse  is  addressed  and  for  you  our  exhortation  is  intended.  We 
wish  you  to  know  what  a  grievous  cause  has  led  us  to  your  country, 
what  peril  threatening  you  and  all  the  faithful  has  brought  us. 

From  the  confines  of  Jerusalem  and  the  city  of  Constantinople  a 
horrible  tale  has  gone  forth  and  very  frequently  has  been  brought  to 
our  ears,  namely,  that  a  race  from  the  kingdom  of  the  Persians,  an 
accursed  race,  a  race  utterly  alienated  from  God,  a  generation  forsooth 
which  has  not  directed  its  heart  and  has  not  entrusted  its  spirit  to  God, 
has  invaded  the  lands  of  those  Christians  and  has  depopulated  them 


6  TRANSLATIONS   AND    REPRINTS. 

by  the  sword,  pillage  and  fire ;  it  has  led  away  a  part  of  the  captives 
into  its  own  country,  and  a  part  it  has  destroyed  by  cruel  tortures ;  it 
has  either  entirely  destroyed  the  churches  of  God  or  appropriated  them 
for  the  rites  of  its  own  religion.  They  destroy  the  altars,  after  having 
defiled  them  with  their  uncleanness.  They  circumcise  the  Christians, 
''"anathe  blood  of  the  circumcision  they  either  spread  upon  the  altars  or 
pour  into  the  vases  of  the  baptismal  font.  When  they  wish  to  torture 
people  by  a  base  death,  they  perforate  their  navels,  and  dragging  forth 
the  extremity  of  the  intestines,  bind  it  to  a  stake ;  then  with  flogging 
they  lead  the  victim  around  until  the  viscera  having  gushed  forth  the 
victim  falls  prostrate  upon  the  ground.  Others  they  bind  to  a  post 
and  pierce  with  arrows.  Others  they  compel  to  extend  their  necks 
and  then,  attacking  them  with  naked  swords,  attempt  to  cut  through 
the  neck  with  a  single  blow.  What  shall  I  say  of  the  abominable  rape 
of  the  women?  To  speak  of  it  is  worse  than  to  be  silent.  The 
kingdom  of  the  Greeks  is  now  dismembered  by  them  and  deprived  of 
territory  so  vast  in  extent  that  it  can  not  be  traversed  in  a  march  of 
two  months.  On  whom  therefore  is  the  labor  of  avenging  these  wrongs 
and  of  recovering  this  territory  incumbent,  if  not  upon  you?  You, 
upon  whom  above  other  nations  God  has  conferred  remarkable  glory 
in  arms,  great  courage,  bodily  activity,  and  strength  to  humble  the 
hairy  scalp  of  those  who  resist  you. 

Let  the  deeds  of  your  ancestors  move  you  -and  incite  your  minds 
to  manly  achievements ;  the  glory  and  greatness  of  king  Charles  the 
Great,  and  of  his  son  Louis,  and  of  your  other  kings,  who  have  destroyed 
the  kingdoms  of  the  pagans,  and  have  extended  in  these  lands  the 
territory  of  the  holy  church.  Let  the  holy  sepulchre  of  the  Lord  our 
Saviour,  which  is  possessed  by  unclean  nations,  especially  incite  you, 
and  the  holy  places  which  are  now  treated  with  ignominy  and  irre- 
verently polluted  with  their  filthiness.  Oh,  most  valiant  soldiers  and 
descendants  of  invincible  ancestors,  be  not  degenerate,  but  recall  the 
valor  of  your  progenitors. 

But  if  you  are  hindered  by  love  of  children,  parents  and  wives, 
remember  what  the  Lord  says  in  the  Gospel,  "  He  that  loveth  father  or 
mother  more  than  me,  is  not  worthy  of  me."  "  Every  one  that  hath 
forsaken  houses,  or  brethren,  or  sisters,  or  father,  or  mother,  or  wife, 
or  children,  or  lands  for  my  name's  sake  shall  receive  an  hundred-fold 
and  shall  inherit  everlasting  life."  Let  none  of  your  possessions  detain 
you,  no  solicitude  for  your  family  affairs,  since  this  land  which  you 


SPEECH   OF    URBAN    II.  7 

inhabit,  shut  in  on  all  sides  by  the  seas  and  surrounded  by  the  moun- 
tain peaks,  is  too  narrow  for  your  large  population ;  nor  does  it  abound 
in  wealth;  and  it  furnishes  scarcely  food  enough  for  its  cultivators. 
Hence  it  is  that  you  murder  and  devour  one  another,  that  you  wage  war, 
and  that  frequently  you  perish  by  mutual  wounds.  Let  therefore 
hatred  depart  from  among  you,  let  your  quarrels  end,  let  wars  cease, 
and  let  all  dissensions  and  controversies  slumber.  Enter  upon  the  road 
to  the  Holy  Sepulchre ;  wrest  that  land  from  the  wicked  race,  and  sub- 
ject it  to  yourselves.  That  land  which  as  the  Scripture  says  "  floweth 
with  milk  and  honey,"  was  given  by  God  into  the  possession  of  the 
children  of  Israel. 

Jerusalem  is  the  navel  of  the  world ;  the  land  is  fruitful  above 
Others,  like  another  paradise  of  delights.  This  the  Redeemer  of  the 
human  race  has  made  illustrious  by  His  advent,  has  beautified  by 
residence,  has  consecrated  by  suffering,  has  redeemed  by  death,  has 
glorified  by  burial.  This  royal  city,  therefore,  situated  at  the  centre 
of  the  world,  is  now  held  captive  by  His  enemies,  and  is  in  subjection 
to  those  who  do  not  know  God,  to  the  worship  of  the  heathens.  She 
seeks  therefore  and  desires  to  be  liberated,  and  does  not  cease  to  im- 
plore you  to  come  to  her  aid.  From  you  especially  she  asks  succor, 
because,  as  we  have  already  said,  God  has  conferred  upon  you  above 
all  nations  great  glory  in  arms.  Accordingly  undertake  this  journey 
for  the  remission  of  your  sins,  with  the  assurance  of  the  imperishable 
glory  of  the  kingdom  of  heaven. 

When  Pope  Urban  had  said  these  and  very  many  similar  things  in 
his  urbane  discourse,  he  so  influenced  to  one  purpose  the  desires  of  all 
who  were  present,  that  they  cried  out,  "  It  is  the  will  of  God  !  It  is 
the  will  of  God  !"  When  the  venerable  Roman  pontiff  heard  that, 
with  eyes  uplifted  to  heaven  he  gave  thanks  to  God  and,  with  his  hand 
commanding  silence,  said  : 

Most  beloved  brethren,  to-day  is  manifest  in  you  what  the  Lord 
says  in  the  Gospel,  "  Where  two  or  three  are  gathered  together  in  my 
name  there  am  I  in  the  midst  of  them."  Unless  the  Lord  God  had 
been  present  in  your  spirits,  all  of  you  would  not  have  uttered  the 
same  cry.  For,  although  the  cry  issued  from  numerous  mouths,  yet  the 
origin  of  the  cry  was  one.  Therefore  I  say  to  you  that  God,  who 
implanted  this  in  your  breasts,  has  drawn  it  forth  from  you.  Let  this 
then  be  your  war-cry  in  combats,  because  this  word  is  given  to  you  by 
God.  When  an  armed  attack  is  made  upon  the  enemy,  let  this  one 


8  TRANSLATIONS   AND    REPRINTS. 

cry  be  raised  by  all  the  soldiers  of  God  :  It  is  the  will  of  God  !  It  is 
the  will  of  God  ! 

And  we  do  not  command  or  advise  that  the  old  or  feeble,  or  those 
unfit  for  bearing  arms,  undertake  this  journey ;  nor  ought  women  to 
set  out  at  all,  without  their  husbands  or  brothers  or  legal  guardians. 
For  such  are  more  of  a  hindrance  than  aid,  more  of  a  burden  than 
advantage.  Let  the  rich  aid  the  needy ;  and  according  to  their  wealth, 
let  them  take  with  them  experienced  soldiers.  The  priests  and  clerks 
of  any  order  are  not  to  go  without  the  consent  of  their  bishop ;  for  this 
journey  would  profit  them  nothing  if  they  went  without  permission  of 
these.  Also,  it  is  not  fitting  that  laymen  should  enter  upon  the  pil- 
grimage without  the  blessing  of  their  priests. 

Whoever,  therefore,  shall  determine  upon  this  holy  pilgrimage  and 
shall  make  his  vow  to  God  to  that  effect  and  shall  offer  himself  to  Him 
as  a  living  sacrifice,  holy,  acceptable  unto  God,  shall  wear  the  sign 
of  the  cross  of  the  Lord  on  his  forehead  or  on  his  breast.  When,  truly, 
having  fulfilled  his  vow  he  wishes  to  return,  let  him  place  the  cross 
on  his  back  between  his  shoulders.  Such,  indeed,  by  the  two-fold 
action  will  fulfill  the  precept  of  the  Lord,  as  He  commands  in  the  Gos- 
pel, "  He  that  taketh  not  his  cross  and  followeth  after  me,  is  not 
worthy  of  me." 

II.      THE  TRUCE  OF  GOD. 

The  Truce  of  God  was  proclaimed  at  Clermont,  but  the  wording  of  the  decree 
has  not  been  preserved.  Consequently,  we  give  here,  first,  the  Canon  enacted  by  the 
Council,  as  reported  by  William  of  Malmesbury,  and  second,  a  Truce  which  was 
framed  twelve  years  before  and  which  served  as  a  model  for  later  enactments. 

I.     The  First  Canon  of  the  Council  of  Clermont. 

William  of  Malmesbury,  Book  IV,  chap.  2.     Rolls  Series.     Latin. 

Be  it  enacted,  that  monks,  clergymen,  women,  and  those  who  may 
be  with  them,  shall  remain  in  peace  every  day ;  farther,  on  three  days, 
viz.,  the  second,  third  and  fourth  days  of  the  week,  an  injury  done  to 
any  one  shall  not  be  considered  an  infraction  of  the  Peace ;  but  on  the 
remaining  four  days,  if  any  one  injures  another,  he  shall  be  considered 
a  violator  of  the  Sacred  Peace,  and  shall  be  punished  in  the  manner 
decreed. 


TRUCE   OF    GOD.  9 

2.     The  Truce  of  God  for  the  Diocese  of  Cologne.*   April  20,  1083. 

M.  G.  LL.  vol.  ii  (1837),  pp.  55-58,  left-hand  columns.  Reprinted 
from  the  above  in  Altmann  and  Bernheim's  Ausgewahlte  Urkunden, 
etc.  (Berlin,  1895),  PP-  204-207,  Latin. 

Inasmuch  as  in  our  own  times  the  church,  through  its  members, 
has  been  extraordinarily  afflicted  by  tribulations  and  difficulties,  so 
that  tranquility  and  peace  were  wholly  despaired  of,  we  have  endeavored 
by  God's  help  to  aid  it,  suffering  so  many  burdens  and  perils.  And 
by  the  advice  of  our  faithful  subjects  we  have  at  length  provided  this 
remedy,  so  that  we  might  to  some  extent  re-establish,  on  certain  days 
at  least,  the  peace  which,  because  of  our  sins,  we  could  not  make 
enduring.  Accordingly  we  have  enacted  and  set  forth  the  following : 
having  called  together  our  parishioners  to  a  legally  summoned  council, 
which  was  held  at  Cologne,  the  chief  city  of  our  province,  in  the  Church 
of  St.  Peter,  in  the  io83d  year  of  our  Lord's  Incarnation,  in  the  sixth 
indiction,  on  the  XII  day  before  the  Kalends  of  May,  after  arranging 
Other  business,  we  have  caused  to  be  read  in  public  what  we  proposed 
to  do  in  this  matter.  After  this  had  been  for  some  time  fully  discussed 
"  pro  and  con  "  by  all,  it  was  unanimously  agreed  upon,  both  the  clergy 
and  the  people  consenting,  and  we  declared  in  what  manner  and  during 
what  parts  of  the  year  it  ought  to  be  observed : 

Namely,  that  from  the  first  day  of  the  Advent  of  our  Lord  througi 
Epiphany,  and  from  the  beginning  of  Septuagesima  to  the  eighth  day 
after  Pentecost  and  through  that  whole  day,  and  throughout  the  year 
on  every  Sunday,  Friday  and  Saturday,  and  on  the  fast  days  of  the  four 
seasons,  and  on  the  eve  and  the  day  of  all  the  apostles,  and  on  all  days 
canonically  set  apart — or  which  shall  in  the  future  be  set  apart — for 
fasts  or  feasts,  this  decree  of  peace  shall  be  observed ;  so  that  both 
those  who  travel  and  those  who  remain  at  home  may  enjoy  security  and 
the  most  entire  peace,  so  that  no  one  may  commit  murder,  arson, 
robbery  or  assault,  no  one  may  injure  another  with  a  sword,  club  or  any 
kind  of  weapon,  and  so  that  no  one  irritated  by  any  wrong,  from  the 
Advent  of  our  Lord  to  the  eighth  day  after  Epiphany,  and  from  Septua- 
gesima to  the  eighth  day  after  Pentecost,  may  presume  to  carry  arms, 


*  This  document  has  been  preserved  only  in  the  form  in  which  the  Bishop  of 
Cologne  communicated  it  to  the  Bishop  of  Miinster.  The  Truce  decreed  by  Henry 
IV.  in  1085  is  modeled  upon  this,  and  its  language  is  in  many  parts  the  same.  A 
translation  of  the  latter  decree  can  be  found  in  Henderson's  Select  Historical  Docu- 
ments (London,  1892),  pp.  208-211. 


IO  TRANSLATIONS    AND    REPRINTS. 

shield,  sword  or  lance,  or  moreover  any  kind  of  armor.  On  the 
remaining  days  indeed,  viz.,  on  Sundays,  Fridays,  apostles'  days  and 
the  vigils  of  the  apostles,  and  on  every  day  set  aside,  or  to  be  set  aside, 
for  fasts  or  feasts,  bearing  arms  shall  be  legal,  but  on  this  condition, 
that  no  injury  shall  be  done  in  any  way  to  any  one.  If  it  shall  be  neces- 
sary for  any  one  in  the  time  of  the  decreed  peace — i.  <?.,  from  the 
Advent  of  our  Lord  to  the  eighth  day  after  Epiphany,  and  from  Septua- 
gesima  to  the  eighth  day  after  Pentecost — to  go  from  one  bishopric  into 
another  in  which  the  peace  is  not  observed,  he  may  bear  arms,  but  on 
the  condition  that  he  shall  not  injure  any  one,  except  in  self-defence  if 
he  is  attacked ;  and  when  he  returns  into  our  diocese  he  shall  imme- 
diately lay  aside  his  arms.  If  it  shall  happen  that  any  castle  is  besieged 
during  the  days  which  are  included  within  the  peace  the  besiegers  shall 
cease  from  attack  unless  they  are  set  upon  by  the  besieged  and  com- 
pelled to  beat  the  latter  back. 

And  in  order  that  this  statute  of  peace  should  not  be  violated  by 
any  one  rashly  or  with  impunity,  a  penalty  was  fixed  by  the  common 
consent  of  all ;  if  a  free  man  or  noble  violates  it,  /'.  e.,  commits  homicide 
or  wounds  any  one  or  is  at  fault  in  any  manner  whatever,  he  shall  be 
expelled  from  our  territory,  without  any  indulgence  on  account  of  the 
payment  of  money  or  the  intercession  of  friends,  and  his  heirs  shall 
take  all  his  property ;  if  he  holds  a  fief,  the  lord  to  whom  it  belongs 
shall  receive  it  again.  Moreover,  if  it  is  learned  that  his  heirs  after  his 
expulsion  have  furnished  him  any  support  or  aid,  and  if  they  are  con- 
victed of  it,  the  estate  shall  be  taken  from  them  and  given  to  the  king. 
But  if  they  wish  to  clear  themselves  of  the  charge  against  them,  they 
shall  take  oath  with  twelve,  who  are  equally  free  or  equally  noble.  If 
a  slave  kills  a  man,  he  shall  be  beheaded;  if  he  wounds  a  man,  he 
shall  lose  a  hand ;  if  he  does  an  injury  in  any  other  way  with  his  fist  or 
a  club,  or  by  striking  with  a  stone,  he  shall  be  shorn  and  flogged.  If, 
however,  he  is  accused  and  wishes  to  prove  his  innocence,  he  shall 
clear  himself  by  the  ordeal  of  cold  water,  but  he  must  himself  be  put 
into  the  water  and  no  one  else  in  his  place ;  if,  however,  fearing  the 
sentence  decreed  against  him,  he  flees,  he  shall  be  under  a  perpetual 
excommunication ;  and  if  he  is  known  to  be  in  any  place,  letters  shall 
be  sent  thither,  in  which  it  shall  be  announced  to  all  that  he  is  excom- 
municate, and  that  it  is  unlawful  for  any  one  to  associate  with  him.  In 
the  case  of  boys  who  have  not  yet  completed  their  twelfth  year,  the 
hand  ought  not  to  be  cut  off ;  but  only  in  the  case  of  those  who  are 


TRUCE   OF    GOD.  II 

twelve  years  or  more  of  age.  Nevertheless  if  boys  fight,  they  shall  be 
whipped  and  deterred  from  fighting. 

It  is  not  an  infringement  of  the  peace,  if  any  one  orders  his  delin- 
quent slave,  pupil,  or  any  one  in  any  way  under  his  charge  to  be  chastised 
with  rods  or  cudgels.  It  is  also  an  exception  to  this  constitution  of 
peace,  if  the  Lord  King  publicly  orders  an  expedition  to  attack  the 
enemies  of  the  kingdom  or  is  pleased  to  hold  a  council  to  judge  the 
enemies  of  justice.  The  peace  is  not  violated  if,  during  the  time,  the 
duke  or  other  counts,  advocates  or  their  substitutes  hold  courts  and 
inflict  punishment  legally  on  thieves,  robbers  and  other  criminals. 

The  statute  of  this  imperial  peace  is  especially  enacted  for  the 
security  of  those  engaged  in  feuds ;  but  after  the  end  of  the  peace,  they 
are  not  to  dare  to  rob  and  plunder  in  the  villages  and  houses,  because 
the  laws  and  penalties  enacted  before  the  institution  of  the  peace  are  still 
legally  valid  to  restrain  them  from  crime,  moreover  because  robbers  and 
highwaymen  are  excluded  from  this  divine  peace  and  indeed  from  any 
peace. 

If  any  one  attempts  to  oppose  this  pious  institution  and  is  unwilling 
to  promise  peace  to  God  with  the  others  or  to  observe  it,  no  priest  in 
our  diocese  shall  presume  to  say  a  mass  for  him  or  shall  take  any  care 
for  his  salvation ;  if  he  is  sick,  no  Christian  shall  dare  to  visit  him ;  on 
his  death-bed  he  shall  not  receive  the  Eucharist,  unless  he  repents. 
The  supreme  authority  of  the  peace  promised  to  God  and  commonly 
extolled  by  all  will  be  so  great  that  it  will  be  observed  not  only  in  our 
times,  but  forever  among  our  posterity,  because  if  any  one  shall  presume 
to  infringe,  destroy  or  violate  it,  either  now  or  ages  hence,  at  the  end 
of  the  world,  he  is  irrevocably  excommunicated  by  us. 

The  infliction  of  the  above  mentioned  penalties  on  the  violators  of 
the  peace  is  not  more  in  the  power  of  the  counts,  centenaries  or  officials, 
than  in  that  of  the  whole  people  in  common ;  and  they  are  to  be  espe- 
cially careful  not  to  show  friendship  or  hatred  or  do  anything  contrary 
to  justice  in  punishing,  and  not  to  conceal  the  crimes,  if  they  can  be 
hidden,  but  to  bring  them  to  light.  No  one  is  to  receive  money  for 
the  release  of  those  taken  in  fault,  or  to  attempt  to  aid  the  guilty  by 
any  favor  of  any  kind,  because  whoever  does  this  incurs  the  intolerable 
damnation  of  his  soul ;  and  all  the  faithful  ought  to  remember  that  this 
peace  has  not  been  promised  to  men,  but  to  God,  and  therefore  must 
be  observed  so  much  the  more  rigidly  and  firmly.  Wherefore  we  exhort 
all  in  Christ  to  guard  inviolably  this  necessary  contract  of  peace,  and  if 


12  TRANSLATIONS   AND    REPRINTS. 

any  one  hereafter  presumes  to  violate  it,  let  him  be  damned  by  the  ban  of 
irrevocable  excommunication  and  by  the  anathema  of  eternal  perdition. 
In  the  churches,  however,  and  in  the  cemeteries  of  the  churches, 
honor  and  reverence  are  to  be  paid  to  God,  so  that  if  any  robber  or 
thief  flees  thither,  he  is  by  no  means  to  be  killed  or  seized,  but  he  is  to 
remain  there  until  by  urgent  hunger  he  is  compelled  to  surrender.  If 
any  person  presumes  to  furnish  arms  or  food  to  the  criminal  or  to  aid 
him  in  flight,  the  same  penalty  shall  be  inflicted  on  him  as  on  the 
criminal.  Moreover,  by  our  ban  we  interdict  laymen  from  punishing 
the  transgressions  of  the  clergy  and  those  living  under  this  order  ;  but 
if  seized  in  open  crime,  they  shall  be  handed  over  to  their  bishop.  In 
cases  in  which  laymen  are  to  be  executed,  the  clergy  are  to  be  degraded  ; 
in  cases  in  which  laymen  are  to  be  mutilated,  the  clergy  are  to  be  sus- 
pended from  office,  and  with  the  consent  of  the  laymen  they  are  to 
suffer  frequent  fasts  and  floggings  until  they  atone. 

III.     PRIVILEGES  OF  THE  CRUSADERS. 

The  privileges  were  of  gradual  growth.  Urban  promised  remission  of  sins,  possi- 
bly more.  His  successors  found  it  necessary  to  add  great  material  inducements  to  the 
spiritual.  As  the  zeal  for  the  crusades  flagged,  the  privileges  increased.  Finally 
when  Innocent  IV.  preached  a  crusade  against  a  Christian  king,  Conrad  IV.,  he 
"  granted  a  larger  remission  of  sins  than  for  the  voyage  to  the  Holy  Land,  and  in- 
cluded the  father  and  mother  of  the  crusaders  as  beneficiaries  in  the  assurance  of 
heaven." 

In  his  struggle  against  the  heretics  in  Languedoc,  Innocent  III.  made  free  use 
of  his  power  to  offer  inducements  to  crusaders.  The  privileges  were  nearly  identical 
with  those  granted  for  the  crusades  in  the  East,  and  the  time  of  service  required  was 
only  forty  days.  Those  who  had  taken  a  vow  to  fight  against  the  infidels  in  the  Holy 
Land  were  freed  from  their  oath  on  condition  that  they  would  fight  against  the 
heretics  in  Languedoc. 

The  examples  given  here  illustrate  the  growth  of  the  privileges  —  until  they  be- 
came burdensome  even  to  those  who  were  supposed  to  profit  by  them,  —  and  also  the 
manner  in  which  the  popes  attempted  to  turn  this  weapon  against  their  political 
enemies. 


I.    Privilege  granted  by  Urban  at  the  Council  of  Clermont, 
Labbe,  Collectio  magna  conclliorum,  vol.  X.,  col.  507. 
William  of  Malmesbury  in  Rolls  Series,  Book  IV,  chap.  II.    Latin. 

If  any  one  through  devotion  alone,  and  not  for  the  sake  of  honor 
or  gain,  goes  to  Jerusalem  to  free  the  church  of  God,  the  journey  itself 
shall  take  the  place  of  all  penance. 


PRIVILEGES   OF    THE    CRUSADERS.  13 

2.  Privileges  granted  by  Eugene  III,  1146.* 

Otto  of  Freising,  Gesta  Friderici,  I,  35  in  M.  G.  SS.  xx,  371.    Latin. 

Moreover,  by  the  authority  vested  by  God  in  us,  we  who  with 
paternal  care  provide  for  your  safety  and  the  needs  of  the  church,  have 
promised  and  granted  to  those  who  from  a  spirit  of  devotion  have 
decided  to  enter  upon  and  accomplish  such  a  holy  and  necessary  under- 
taking and  task,  that  remission  of  sins  which  our  predecessor  Pope 
Urban  instituted.  We  have  also  commanded  that  their  wives  and  chil- 
dren, their  property  and  possessions,  shall  be  under  the  protection  of 
the  holy  church,  of  ourselves,  of  the  archbishops,  bishops  and  other 
prelates  of  the  church  of  God.  Moreover,  we  ordain  by  our  apostolic 
authority  that  until  their  return  or  death  is  fully  proven,  no  law  suit  shall 
be  instituted  hereafter  in  regard  to  any  property  of  which  they  were  in 
peaceful  possession  when  they  took  the  cross. 

Those  who  with  pure  hearts  enter  upon  such  a  sacred  journey  and 
who  are  in  debt  shall  pay  no  interest.  And  if  they  or  others  for  them 
are  bound  by  oath  or  promise  to  pay  interest,  we  free  them  by  our 
apostolic  authority.  And  after  they  have  sought  aid  of  their  relatives 
or  lords  of  whom  they  hold  their  fiefs,  and  the  latter  are  unable  or 
unwilling  to  advance  them  money,  we  allow  them  freely  to  mortgage 
their  lands  and  other  possessions  to  churches,  ecclesiastics  or  other 
Christians,  and  their  lords  shall  have  no  redress. 

Following  the  institution  of  our  predecessor,  and  through  the 
authority  of  omnipotent  God  and  of  St.  Peter,  prince  of  the  Apostles — 
which  is  vested  in  us  by  God — we  grant  absolution  and  remission  of 
sins,  so  that  those  who  devoutly  undertake  and  accomplish  such  a  holy 
journey,  or  who  die  by  the  way,  shall  obtain  absolution  for  all  their  sins 
which  they  confess  with  humble  and  contrite  heart,  and  shall  receive 
from  the  Remunerator  of  all  the  reward  of  eternal  life. 

Granted  at  Vetralle  on  the  Kalends  of  December. 

3.  Decree  of  Philip  Augustus,  1188,  concerning  the  Debts  of  the  Crusaders. 

Rigordus :  Gesta  Philippi  August!  in  Bouquet :  Recueil,  xvii,  25.   Latin. 

In  the  name  of  the  holy  and  indivisible  Trinity,  Amen.     It  has 


*  The  whole  Bull  is  translated  in  Henderson,  pp.  333-336.     For  date,  see  note 
in  M.  G.  SS.  1.  c.  and  Kugler ;  Studien  zur  Geschichte  des  zweiten  Kreuzzugs,  p.  I. 


14  TRANSLATIONS    AND    REPRINTS. 

been  decided  by  lord  Philip,  king  of  the  Franks,  by  the  advice  of  the 
archbishops,  bishops  and  barons  of  his  land  : 

1.  That  bishops,  prelates,  and  clerks  of  the  conventual  churches, 
and  knights  who  have  taken  the  cross,  shall  have  a  respite  of  two  years — 
dating  from  the  first  feast  of  All  Saints  after  the  departure  of  the  king — 
in  paying  the  debts  which  they  owed  to  Jews  or  Christians  before  the 
king  took  the  cross ;  that,  is  on  the  first  feast  of  All  Saints  the  creditors 
shall  have  a  third  of  the  debt,  and  on  the  following  feast  of  All  Saints  a 
second  third  of  the  debt,  and  on  the  third  feast  of  All  Saints  the  last 
third  of  the  debt.     Also,  for  each  one,  from  the  day  on  which  he  takes 
the  cross,  interest  on  debts  previously  contracted  shall  cease. 

2.  If  a  knight,  who  is  the  legitimate  heir,  son,  or  son-in-law  of  a 
knight  not  taking  the  cross,  or  of  a  widow,  and  who  is  under  the  juris- 
diction of  his  father  or  mother,  takes  the  cross,  his  father  or  mother  shall 
have  a  respite  from  their  debts,  in  accordance  with  the  above  ordinance. 

3.  If,  however,  their  son  or  son-in-law,  who  has  taken  the  cross, 
is  no  longer  under  their  jurisdiction,  or,  if  he  is  not  a  knight,  or,  if  he 
has  not  taken  the  cross,  they  shall  not  enjoy  a  respite  through  this 
decree. 

4.  Also,  within  a  fortnight  after  the  next  feast  of  St.  John  the 
Baptist,  those  debtors  who  have  lands  and  revenues,  shall  through  the 
lords  in  whose  territory  the  lands  are,  assign  the  lands  and  revenues  to 
their  creditors ;  in  order  that  from  these  the  creditors  may  collect  their 
debts  at  the  aforesaid  times  and  according  to  the  aforesaid  form.     The 
lords  shall  not  be  able  to  prevent  those  assignments,  unless  they  them- 
selves settle  with  the  creditor  for  the  debt. 

5.  Those  who  do  not  have  sufficient  lands  or  revenues  to  make 
an  assignment  for  their  debts,  shall  give  their  creditors  sureties  or  bail 
that  they  will  pay  their  debts  at  the  dates  fixed.     And  unless  they  give 
security,  as  has  been  arranged,  through  assignment  of  lands,  or  sureties, 
or  bail  if  they  have  no  lands,  within  a  fortnight  after  the  next  feast  of 
St.  John  the  Baptist,  they  shall  not  have  the  respite  which  is  granted 
to  others. 

6.  If  any  crusader,  who  is  a  clerk  or  knight,  is  in  debt  to  a  cru- 
sader, who  is  a  clerk  or  knight,  he  shall  have  a  respite  from  his  debt 
until  the  next  feast  of  All  Saints — provided,  however,  that  he  furnishes 
good  security  for  paying  his  debt  at  the  time  indicated. 

7.  If  any  one  of  those,  who  have  taken  the  cross,  shall  have  assigned 
to  any  one  gold,  silver,  grain,  or  any  other  personal  property,  a  week 


DECREE  CONCERNING  DEBTS.  15 

before  the  Purification  of  the  Blessed  Mary  or  after  that  time,  the 
creditor  shall  not  be  compelled  to  give  him  a  respite  on  that  account. 

8.  If  any  one  buys  from  another,  who  has  not  taken  the  cross,  the 
usufruct  of  his  lands  for  one  year  at  a  fixed  price,  the  bargain  shall 
stand. 

9.  If  any  knight  or  clerk  shall  have  mortgaged  his  lands  or  reve- 
nues to  a  citizen,  who  is  also  a  crusader,  or  to  a  clerk  or  knight,  who  is 
not  a  crusader,  or  shall  have  assigned  them  for  a  period  of  years,  the 
debtor  this  year  shall  receive  the  produce  of  the  lands  or  the  revenues ; 
and  the  creditors,  as  a  recompense  for  this  year,  shall  hold  the  property 
for  one  year  after  the  completion  of  the  years  for  which  the  mortgage 
or  assignment  ought  to  continue.     However,  if  the  creditor  shall  have 
cultivated  the  mortgaged  lands  or  vineyards,  he  shall  have  one-half  the 
grain  this  year  for  his  labor. 

10.  All  bargains  made  a  week  before  the  Purification  of  the  Blessed 
Virgin,  or  after  that  date,  shall  hold  good. 

11.  For  all  debts  on  which  he  obtains  a  respite,  the  debtor  must 
give  as  good  security  as,  or  better  than,  he  had  previously  given.     If  a 
dispute  arises  about  the  security,  the  council  of  the  lord  of  the  creditor 
shall  demand  as  good  security  as,  or  better  than,  before.     And  if  the 
security  is  not  fixed  by  that  lord,  it  shall  be  fixed  by  the  council  of  the 
prince  of  the  land. 

12.  If  any  lord  or  prince  under  whose  jurisdiction  the  said  creditors 
or  debtors  shall  be,  shall  not  wish  to  observe,  or  shall  not  cause  to  be 
observed,  this  decree  concerning  the  respite  for  debts  or  the  assignments, 
he  shall  be  warned  by  his  metropolitan  or  bishop ;  if  he  shall  not  make 
amends  within  forty  days,  he  may  be  placed  by  the  same  under  a  sen- 
tence of  excommunication.     Nevertheless,  as  long  as  the  lord  or  prince 
shall  be  willing  to  prove,  in  the  presence  of  his  metropolitan  or  bishop, 
that  in  this  respect  he  has  not  failed  in  his  duty  to  either  creditor  or 
debtor,  and  that  he  is  prepared  to  comply  with  the  decree,  the  metro- 
politan or  bishop  shall  not  have  the  power  to  excommunicate  him. 

13.  No  crusader,  whether  clerk,  knight,  or  any  one  else,  shall  be 
obliged  to  defend  himself  in  a  law  suit,  concerning  the  land  of  which  he 
was  tenant,  from  the  day  on  which  he  takes  the  cross  until  he  returns 
from  his  undertaking,  unless  the   suit  had  been  brought  against  him 
before  he  had  taken  the  cross. 


1 6  TRANSLATIONS   AND    REPRINTS. 

4.     Privileges  granted  by  the  Fourth  Lateran  Council,  1215.* 
Mansi,  Concilia,  vol,  XXII,  p.  1057  sq.     Latin. 

Moreover,  we  grant  to  the  clergy  that  they  may  retain  their  fiefs 
intact  for  three  years  as  if  they  were  resident  in  their  churches ;  and  if 
necessary,  they  may  mortgage  them  for  the  same  length  of  time. 

In  order  that  nothing  relating  to  Christ's  business  may  be  neglected, 
we  wish  and  command  patriarchs,  archbishops,  bishops,  abbots  and 
others  who  have  charge  of  souls,  to  set  forth  zealously  to  those  com- 
mitted to  their  care  the  word  of  the  cross,  exhorting  in  the  name  of  the 
Father,  Son  and  Holy  Ghost, — one  only,  true  and  eternal  God, — kings, 
dukes,  princes,  marquises,  counts,  barons  and  other  magnates,  also  the 
communities  of  cities,  towns  and  villages,  who  do  not  go  in  person  to 
the  aid  of  the  Holy  Land,  to  send  a  suitable  number  of  warriors,  with 
the  necessary  expenses  for  three  years,  according  to  their  individual 
means,  for  the  remission  of  their  own  sins — as  is  stated  in  our  general 
letters,  and  as  is  also  stated  below,  for  the  greater  surety. 

Of  this  remission  we  wish  to  be  partakers,  not  only  those  who 
furnish  their  own  vessels,  but  also  those  who  may  have  striven  to  build 
ships  for  this  purpose.  Moreover,  let  it  be  sternly  announced  by  apos- 
tolic authority  to  those  who  refuse — if  perchance  any  shall  be  so  un- 
grateful to  our  Lord  God — that  they  are  to  understand  that  for  this 
they  will  have  to  answer  to  us  on  the  last  day  of  the  strict  judgment, 
before  an  awful  judge.  Nevertheless,  let  them  first  consider  with  what 
conscience  or  what  security  they  will  be  able  to  appear  before  the  only 
begotten  Son  of  God,  Jesus  Christ,  into  whose  hands  the  Father  gave 
all  things,  if  they  shall  refuse  in  this  matter,  which  is  peculiarly  fitting 
for  them,  to  aid  Him  who  was  crucified  for  sinners,  by  whose  bounty 
they  live,  by  whose  kindness  they  are  maintained,  nay,  more,  by  whose 
blood  they  have  been  redeemed. 

Since  it  is  certainly  right  that  those  who  give  their  allegiance  to 
the  heavenly  Emperor  should  enjoy  a  special  privilege  :  when  the  time 
of  the  expedition  shall  exceed  one  year  in  length,  the  crusaders  shall 
be  free  from  collections,  tallages  and  other  taxes.  And  we  have  taken 
their  persons  and  property,  after  the  assumption  of  the  cross,  under  St. 


*The  whole  of  the  decree  relating  to  the  crusade  is  translated  in  Henderson,  pp. 
337-344- 


PRIVILEGES    OF    THE    CRUSADERS.  17 

Peter's  and  our  own  protection,  and  we  have  decided  that  their  defence 
shall  be  entrusted  to  the  archbishops,  bishops  and  all  the  prelates  of 
the  church.  We  have  also  appointed  officers  of  our  own  especially  for 
their  protection,  in  order  that  their  property  may  be  kept  intact  and 
uninjured,  until  their  death  or  return  is  known  with  certainty.  And  if 
any  one  attempts  any  attack  upon  their  property  he  shall  be  restrained 
by  ecclesiastical  censure. 

If  any  of  those  setting  out  thither  are  bound  by  oath  to  pay  interest, 
we  command  that  their  creditors  shall  be  compelled  by  the  same  means 
to  release  them  from  their  oaths  and  to  desist  from  the  exaction  of 
interest.  But  if  any  creditor  shall  compel  them  to  pay  interest,  we 
order  that  he  shall  be  forced  by  a  similar  chastisement  to  pay  it  back. 

We  command  that  the  Jews,  however,  shall  be  compelled  by  the 
secular  power  to  remit  interest ;  and  until  they  remit  it  all  association 
of  any  kind  with  them  shall  be  refused  by  all  faithful  Christians,  under 
penalty  of  excommunication.  For  those,  moreover,  unable  at  present  to 
pay  their  debt  to  the  Jews,  the  secular  princes  shall  provide  by  a  useful 
delay,  so  that  after  they  begin  their  journey  they  shall  suffer  no  incon- 
venience from  interest,  until  their  death  or  return  is  known  with  cer- 
tainty. The  Jews  shall  be  compelled,  after  deducting  the  necessary 
expenses,  to  count  the  income  which  they  receive  in  the  meantime  from 
the  mortgaged  property  toward  the  payment  of  the  principal ;  since  a 
favor  of  this  kind  which  defers  the  payment  and  does  not  cancel  the 
debt  does  not  seem  to  cause  much  loss.  Moreover,  let  the  prelates  of 
the  church,  who  are  proven  to  be  negligent  in  doing  justice  to  the  cru- 
saders and  their  families,  understand  that  they  shall  be  severely  punished. 

Therefore,  trusting  in  the  mercy  of  omnipotent  God,  and  in  the 
authority  of  the  blessed  apostles  Peter  and  Paul,  by  that  power  of  bind- 
ing and  loosing  which  God  has  conferred  on  us,  although  unworthy,  we 
grant  to  all,  who  undergo  the  labor  in  their  own  person  and  at  their 
own  expense,  full  remission  of  the  sins  of  which  they  have  truly  repented 
with  contrite  hearts,  and  which  they  have  confessed  with  their  mouths ; 
and  at  the  retribution  of  the  just  we  promise  an  increase  of  eternal 
salvation.  To  those  also  who  do  not  go  thither  in  person,  but  yet 
according  to  their  ability  and  means  send  suitable  men  at  their  expense, 
and  to  those  likewise  who  go  in  person,  although  at  the  expense  of  others, 
we  promise  full  remission  of  their  sins.  We  also  will  and  grant  that, 
according  to  the  kind  of  their  aid,  and  the  depth  of  their  devotion,  all 


1 8  TRANSLATIONS   AND    REPRINTS. 

shall  partake  of  this  remission  who  minister  fitly  from  their  property  to 
the  aid  of  that  land  or  furnish  opportune  counsel  and  assistance.  Also 
on  all  who  piously  proceed  in  this  task  the  universal  Synod  bestows  in 
common  the  aid  of  all  its  benefits  that  it  may  worthily  conduce  to  their 
salvation.  Amen. 

5.  Privileges  granted  for  the  Crusade  against  the  Heretics  in  Languedoc, 

1207-08. 

Regesta  Inn.  Ill,  Lib.  X,  Ep.  149,  and  Lib.  XI,  Ep.  156-159.     Latin. 
(The  Regesta  are  reprinted  in  Migne's  Patrologiae,  etc.     Books  X  and 

XI  are  in  Vol.  215.) 

r 

Since  those  who  fight  for  liberty  of  the  church  ought  to  be  fostered 
by  the  protection  of  the  church,  we,  by  our  apostolic  authority,  have 
decided  that  our  beloved,  who  in  obedience  to  Christ  are  signed — or 
are  about  to  be  signed — against  the  provincial  heretics,  from  the  time 
that  they,  according  to  the  ordinance  of  our  legates,  place  on  their 
breasts  the  sign  of  the  quickening  cross,  to  fight  against  the  heretics, 
shall  be  under  the  protection  of  the  apostolic  seat  and  of  ourselves, 
with  their  persons  and  lands,  their  possessions  and  men,  and  also  all  of 
their  other  property ;  and  until  full  proof  is  obtained  of  their  return  or 

death  all  the  above  shall  remain  as  they  were,  free  and  undisturbed. 

s/ 

The  above  is  taken  from  Lib.  XI,  Ep.  156,  written  to  the  Archbishops,  Bishops, 
etc.,  on  October  n,  1208,  from  Ferentino.  Owing  to  lack  of  space,  it  is  not  possible 
to  print  all  the  letters  referring  to  the  privileges.  Lib.  X,  Ep.  149,  offers  remission 
of  sins  and  protection  to  crusaders,  and  also  grants  possession  of  all  land  taken  from 
.  the  heretics.  Lib.  XI,  Ep.  157,  permits  the  clergy  to  mortgage  their  property  for 
two  years,  in  order  to  obtain  money  for  the  crusade.  Lib.  XI,  Ep.  158,  confirms 
some  of  the  above  privileges  and  frees  crusaders  from  paying  interest.  Lib.  XI,  Ep. 
159,  enjoins  king  Philip  of  France  to  compel  the  Jews  to  remit  all  interest  to  the 
crusaders.  Numerous  other  letters  in  the  Regesta  confirm  one  or  more  of  the  privi- 
leges mentioned. 

6.  Privileges  granted  for  a  Crusade  against  Frederic  If. 

Extract  from  letter  of  Innocent  IV,  Aug.  30,  1248. 
Huillard-Breholles ;  Hist,  diplomatica  Frederici  Secundi,  VIn.     647-8. 
Latin. 

Wherefore  we  advise  that  publicly  in  Rome,  Campania,  and  Mara- 
tima,  you  preach  a  crusade  against  the  aforesaid  Frederic ;  and  that 
you  also  cause  suitable  men  to  preach  the  crusade  frequently  and 
solemnly.  And  by  our  authority  grant  the  remission  of  sins, — which 
was  granted  in  the  General  Council  to  those  who  went  to  the  succor  of 


PETER   THE    HERMIT.  19 

the  Holy  Land — to  all  those  who  with  fervent  zeal  choose  to  undertake 
a  crusade  against  the  same  Frederic,  in  order  to  aid  the  church  in 
rooting  out,  from  the  aforesaid  kingdom,  the  perfidy  which  flows  from 
its  diseased  head  to  the  adjacent  members,  and  in  restoring  there  the 
faith  formerly  cherished.  And  also  publish  solemnly,  and  cause  others 
to  publish,  that  the  same  Frederic  and  all  who  aid  him  by  counsel, 
succor  or  favor,  in  person  or  property,  openly  or  secretly,  are  excommu- 
nicated by  us ;  and  also  that  the  whole  kingdom  of  Sicily  is  placed 
under  an  ecclesiastical  interdict,  as  long  as  it  shall  adhere  to  him. 

7.     Privilege  granted  by  Louis  IX,  I2^o.* 

Etablissemens,  Bk.  I,  84,  in  Isambert:   Anciennes  Lois,  II,  465.     Old 
French. 

If  the  king,  or  a  count,  r.-.t  a  baron,  or  any  lord  who  has  the  right 
of  jurisdiction  in  his  land,  arrests  a  clerk,  or  crusader,  or  any  man  of 
religion,  even  if  he  is  a  layman,  the  lord  ought  to  deliver  him  to  the  holy 
church,  whatever  may  be  his  crime.  And  if  the  clerk  has  committed 
a  crime  for  which  the  penalty  is  death  by  hanging,  and  is  not  tonsured, 
the  secular  justice  ought  to  try  him.  But  if  he  is  tonsured  and  wears 
the  habit  of  a  clerk,  even  if  he  is  a  thief,  no  confession,  no  answer  that 
he  may  make,  can  injure  him,  for  he  is  not  before  his  regular  judges ; 
and  any  confession  made  by  one  who  is  not  before  his  regular  judges  has 
no  value,  according  to  the  law  written  in  the  Decretals,  De  judiciis 
cap.  Et  si  clerici  and  cap.  Cum  homine  [  Cum  non  ab  homine\  .\ 

IV.    PETER  THE  HERMIT. 

Two  of  the  participants  were  soon  singled  out  by  popular  tradition  as  the  heroes 
of  the  first  crusade.  Godfrey  of  Bouillon  was  pre-eminently  the  representative  of  the 
warlike  element,  and  was  falsely  glorified  as  the  leader  of  the  whole  expedition.  His 
descent  was  traced  fromj'  the  knight  of  the  swan,"  and  many  were  the  valorous 
deeds  imputed  to  him.  /  But  the  ascetic  element  was  even  more  important  than  the 
military,  and  Peter  the  Hermit  was  selected  as  the  representative  of  the  ideal  ascetic. 
His_real  deeds  were  obscured  by  the  fables  which  clustered  about  his  nameTj 

i  It  is  certain  that  he  never  was  in  Jerusalem  before  the  first  crusade ;  that  he  did 
not  incite  Urban  to  preach  the  crusade ;  that  he  did  not  speak  at  Clermont ;  that  his 
preaching  was  limited  to  a  few  months  and  a  small  part  of  France,  and  that  he  was 
in  no  way  "  the  immediate  cause  of  the  crusade."^  Guibert  gives  the  best  account  of 


*  For  explanation  of  some  of  the  points  in  the  above,  see  "  Benefit  of  Clergy  "  in 
H.  C.  Lea's  Studies  in  Church  History;  especially  pp.  3o6,  ff.  (Ed.  1883.) 
f  Corpus  Juris  Canonici,  c.  4  and  10,  X,  II.  i. 


20  TRANSLATIONS   AND    REPRINTS. 

the  real  Peter.  The  passages  from  William  ot  Tyre  have  been  translated  to  illustrate 
the  fables  which  were  common  a  century  after  the  first  crusade,  and  show  the  spirit 
to  which  these  fables  owed  their  rise. 

I.     Guibert  of  Nogenfs  Account. 

Hist.  Hieros.  Bk.  II,  ch.  viii.     Recueil,  IV,  142  f.     Bongars,  I,  482. 
Latin. 

Therefore,  while  the  princes,  who  felt  the  need  of  many  expenses 
and  great  services  from  their  attendants,  made  their  preparations  slowly 
and  carefully  ;  the  common  people  who  had  little  property,  but  were 
very  numerous,  joined  a  certain  Peter  the  Hermit,  and  obeyed  him  as  a 
master  while  these  affairs  were  going  on  among  us. 

He  was,  if  I  am  not  mistaken,  from  the  city  of  Amiens,  and  we 
have  learned  that  he  had  lived  as  a  hermit,  dressed  as  a  monk,  some- 
where in  Upper  Gaul.  After  he  had  departed  from  there  —  I  do  not 
know  with  what  intention  —  we  saw  him  going  through  the  cities  and 
towns  under  a  pretense  of  preaching.  He  was  surrounded  by  so  great 
throngs  of  people,  he  received  such  enormous  gifts,  his  holiness  was 
lauded  so  highly,  that  no  one  within  my  memory  has  been  held  in  such 


L  He  was  very  liberal  in  the  distribution  to  the  poor  of  what  he  had 
received.  He  restored  prostitutes  to  their  husbands  with  gifts.  By  his 
wonderful  authority  he  restored  everywhere  peace  and  concord,  in  place 
of  discord.  For  in  whatever  he  did  or  said  it  seemed  as  if  there  was 
something  divine,  especially  when  the  hairs  were  snatched  from  his 
mule  for  relics.  We  do  not  report  this  as  true,  but  for  the  common 
people  who  love  novelties.  He  wore  a  woolen  shirt,  and  over  it  a 
mantle  reaching  to  his  ankles  ;  his  arms  and  feet  were  bare.  He  lived 
on  wine  and  fish  ;  he  hardly  ever,  or  never,  ate  bread.  ~\ 

2.      William  of  Tyre's  Account. 

Belli  sacri  hist.  Bk.  I,  ch.  ii,  ff.     Recueil,  I,  32  ff.     Bongars,  I,  637-8. 
Latin. 

A  certain  priest  named  Peter,  from  the  kingdom  of  the  Franks 
and  the  bishopric  of  Amiens,  a  hermit  both  in  deed  and  name,  led  by 
the  same  ardor,  arrived  at  Jerusalem.  He  was  small  in  stature  and  his 
external  appearance  contemptible,  but  greater  valor  ruled  in  his  slight 
frame.  For  he  was  sharp  witted,  his  glance  was  bright  and  captivating, 
and  he  spoke  with  ease  and  eloquence.  Having  paid  the  tax  which 
was  exacted  from  all  Christians  who  wished  to  enter,  he  went  into  the 


PETER   THE    HERMIT.  21 

city  and  was  entertained  by  a  trusty  man  who  was  also  a  confessor  of 
Christ.  He  diligently  questioned  his  host,  as  he  was  a  zealous  man, 
and  learned  more  fully  from  him  not  only  the  existing  perils,  but  also 
the  persecutions  which  their  ancestors  had  suffered  long  before.  And 
if  in  what  he  heard  any  details  were  lacking,  he  completed  the  account 
from  the  witness  of  his  own  eyes.  For  remaining  in  the  city  and  visit- 
ing the  churches  he  learned  more  fully  the  truth  of  what  had  been  told 
to  him  by  others. 

Hearing  also  that  the  Patriarch  of  the  city  was  a  devout  and  God- 
fearing man,  he  wished  to  confer  with  him  and  to  learn  more  fully  from 
him  the  truth  concerning  some  matters.  Accordingly  he  went  to  him, 
and  having  been  presented  by  a  trustworthy  man,  both  he  and  the 
Patriarch  mutually  enjoyed  their  conferences. 

The  name  of  the  Patriarch  was  Simeon.  As  he  learned  from 
Peter's  conversation  that  the  latter  was  prudent,  able  and  eloquent, 
and  a  man  of  great  experience,  he  began  to  disclose  to  him  more  confi- 
dentially all  the  evils  which  the  people  of  God  had  suffered  while 
dwelling  in  Jerusalem. 

To  whom  Peter  replied  :  "  You  may  be  assured,  holy  father,  that 
if  the  Roman  church  and  the  princes  of  the  West  should  learn  from  a 
zealous  and  a  reliable  witness  the  calamities  which  you  suffer,  there  is 
not  the  slightest  doubt  that  they  would  hasten  to  remedy  the  evil,  both 
by  words  and  deeds.  Write  them  zealously  both  to  the  lord  Pope  and 
the  Roman  church  and  to  the  kings  and  princes  of  the  West,  and  con- 
firm your  letter  by  the  authority  of  your  seal.  I,  truly,  for  the  sake  of 
the  salvation  of  my  soul,  do  not  hesitate  to  undertake  this  task.  And 
I  am  prepared  under  God's  guidance  to  visit  them  all,  to  exhort  them 
all,  zealously  to  infoim  them  of  the  greatness  of  your  sufferings  and  to 
urge  them  to  hasten  to  your  relief." 

Of  a  truth,  Thou  art  great,  O  Lord  our  God,  and  to  thy  mercy  I 
there  is  no  end  !     Of  a  truth,  blessed  Jesus,  those  who  trust  in  Thee    \ 
shall  not  be  brought  to  confusion  !     How  did  this  poor  pilgrim,  destitute   /JV  / 
of  all  resources  and  far  from  his  native  land,  have  so  great  confidence 
that  he  dared  to  undertake  an  enterprise  so  much  beyond  his  strength 
and  to  hope  to  accomplish  his  vow,  unless  it  was  that  he  turned  all  his 
thoughts  to  Thee,  his  protector,  and  filled  with  charity,  pitying  the 
misfortunes  of  his  brethren,  loving  his  neighbor   as  himself,  he  was 


22  TRANSLATIONS    AND    REPRINTS. 

content  to  fulfill  the  law?  Strength  is  a  vain  thing,  but  charity  over- 
cometh.  What  his  brethren  prescribed  might  appear  difficult  and  even 
impossible,  but  the  love  of  God  and  of  his  neighbor  rendered  it  easy 
for  him,  for  love  is  strong  as  death.  Faith  which  worketh  by  love  avail- 
eth  with  Thee,  and  the  good  deeds  near  Thee  do  not  remain  without 
fruit.  Accordingly  Thou  didst  not  permit  Thy  servant  long  to  remain 
in  doubt.  Thou  didst  manifest  Thyself  to  him.  Thou  didst  fortify 
him  by  Thy  revelation  that  he  might  not  hesitate,  and  breathing  into 
him  Thy  hidden  spirit,  Thou  madest  him  arise  with  greater  strength  to 
accomplish  the  work  of  charity. 

Therefore,  after  performing  the  usual  prayers,  taking  leave  of  the 
lord  Patriarch  and  receiving  his  blessing,  he  went  to  the  sea-coast. 
There  he  found  a  vessel  belonging  to  some  merchants  who  were  pre- 
paring to  cross  to  Apulia.  He  went  on  board,  and  after  a  successful 
journey  arrived  at  Bari.  Thence  he  proceeded  to  Rome,  and  found 
the  lord  Pope  Urban  in  the  vicinity.  He  presented  the  letters  of  the 
Patriarch  and  of  the  Christians  who  dwelt  at  Jerusalem,  and  showed  their 
misery  and  the  abominations  which  the  unclean  races  wrought  in  the 
holy  places.  Thus  faithfully  and  prudently  he  performed  the  commis- 
sion entrusted  to  him. 

V.    ACCOUNT  OF  THE  START. 
Recueil,  III,  328.     Bongars,  I,  385.     Latin. 

Fulcher  of  Chartres  took  part  in  the  first  crusade,  and  has  left  us  many  a  vivid 
picture  of  the  more  important  incidents.  His  account  of  the  start  has  been  translated 
in  order  to  show  the  conflict  of  emotions  in  the  breasts  of  the  crusaders,  and  the 
motive  which  was  strong  enough  to  overcome  the  natural  affections.* 

Such  then  was  the  immense  assemblage  which  set  out  from  the 
West.  Gradually  along  the  march,  and  from  day  to  day,  the  army 
grew  by  the  addition  of  other  armies,  coming  from  every  direction  and 
composed  of  innumerable  people.  Thus  one  saw  an  infinite  multitude, 
speaking  different  languages  and  come  from  divers  countries.  All  did 
not,  however,  come  together  into  a  single  army  until  we  had  reached 
the  city  of  Nicaea.  What  shall  I  add  ?  The  isles  of  the  sea  and  the 
kingdoms  of  the  whole  earth  were  moved  by  God,  so  that  one  might 
believe  fulfilled  the  prophecy  of  David,  who  said  in  the  Psalm :  "All 


*  For  another  account  by  William  of  Malmesbury,  see  Michaud :  History  of  the 
Crusades  (English  Translation,  London,  1852),  III,  356. 


SELECT    BIBLIOGRAPHY.  23 

nations  whom  Thou  hast  made  shall  come  and  worship  before  Thee, 
O  Lord ;  and  shall  glorify  Thy  name,"  and  that  all  those  who  reached 
the  holy  places  afterwards  said  justly  :  "  We  will  worship  where  His  feet 
have  stood."  Concerning  this  journey  we  read  very  many  other  pre- 
dictions in  the  prophets,  which  it  would  be  tedious  to  recall. 

Oh,  how  great  was  the  grief,  how  deep  the  sighs,  what  weeping, 
what  lamentations  among  the  friends,  when  the  husband  left  the  wife 
so  dear  to  him,  his  children  also,  and  all  his  possessions  of  any  kind, 
father,  mother,  brethren  or  kindred  !  And  yet  in  spite  of  these  floods 
of  tears  which  those  who  remained  shed  for  their  friends  about  to  de- 
part, and  in  their  very  presence,  the  latter  did  not  suffer  their  courage 
to  fail,  and,  out  of  love  for  the  Lord,  in  no  way  hesitated  to  leave  all 
that  they  held  most  precious,  believing  without  doubt  that  they  would 
gain  that  hundred-fold  in  receiving  the  recompense  which  God  has 
promised  to  those  who  love  Him. 

Then  the  husband  announced  to  his  wife  the  time  of  his  return, 
assuring  her  that  if  he  lived  by  God's  grace  he  would  return  to  her. 
He  commended  her  to  the  Lord,  gave  her  a  kiss,  and,  weeping,  prom- 
ised to  return.  But  the  latter,  who  feared  that  she  would  never  see  him 
again,  overcome  with  grief,  was  unable  to  stand,  fell  lifeless  to  the 
ground,  and  wept  over  her  dear  one  whom  she  was  losing  in  life,  as  if 
he  were  already  dead.  He  then,  as  if  he  had  no  pity — and  neverthe- 
less he  was  filled  with  pity — and  was  not  moved  by  the  grief  of  any 
friends — and  yet  he  was  secretly  moved — departed  with  a  firm  purpose. 
The  sadness  was  for  those  who  remained,  and  the  joy  for  those  who 
departed.  What  more  can  we  say?  "  This  is  the  Lord's  doings,  and 
it  is  marvelous  in  our  eyes." 


VI.    SELECT  BIBLIOGRAPHY. 

This  is  not  intended  for  a  bibliography  of  the  crusades,  but  only  to  aid  in  the  use 
of  this  pamphlet. 

/.    GENERAL  WORKS. 

I.  Wilken  :  Geschichte  der  Kreuzziige.     7  vols.     Leipzig,  1807-1832. 
a.  Michaud  :  Histoire  des  Croisades.     1st  ed.,  Paris,  1812-1817,  in  3  vols. 
Various  later  editions;  the  7th,  4  vols.,  1862,  much  improved.     Also  in  Eng- 
lish  translation,  3  vols. 

3.  Kugler  :  Geschichte  der  Kreuzzuge.     i  vol.     2d  edition.     Berlin,  1891, 
in  Oncken's  Allgemeine  Geschichte. 


24  TRANSLATIONS   AND    REPRINTS. 

4.  Archer  and  Kingsford  :  The  Crusades,  i  vol.  New  York,  1895,  in  "The 
Story  of  the  Nations  "  series. 

The  first  is  the  most  complete  history  of  the  crusades.  The  later  volumes  are 
still  extremely  valuable,  and  must  form  the  basis  of  any  comprehensive  study  of  the 
period.  But  the  volume  dealing  with  the  first  crusade  is  of  little  use.  Wilken  relied 
upon  the  statements  of  William  of  Tyre,  and  consequently  his  account  is  untrustworthy. 
i  To  the  second  the  same  objection  can  be  applied  with  even  greater  force. 
Michaud's  history,  although  very  readable,  is  not  a  safe  guide,  and  shows  very  little 
critical  genius^ 

The  third  is  scholarly  and  has  good  bibliographical  notes ;  it  is  illustrated  and 
supplied  with  maps.  There  is,  unfortunately,  no  index,  and  since  1891  there  has 
been  much  excellent  work  on  the  crusades  which  would  modify  some  of  the  state- 
ments  made  by  Kugler. 

The  fourth  is  the  best  work  in  English,  but  some  subjects  are  neglected  and 
certain  chapters  are  unsatisfactory. 

//.     THE  SOURCES. 

1.  Recueil  des  historiens  des  Croisades.  In  course  of  publication  since  1841. 

The  historians  are  divided  into  four  series.     Of  the  Western  chroniclers,  five 
volumes  have  been  published. 

2.  Bongarsius  :  Gesta  Dei  per  Francos.     2  vols.     Hanoviae,  1611. 

3.  Guizot :  Collection  des  Memoires  relatifs  a  1'  histoire  de  France.    31 

vols.     Paris,  1824-1835. 

Each  of  these  contains  most  of  the  chronicles  mentioned  in  this  pamphlet ;  the 
first  two  in  the  original  Latin,  the  third  in  a  French  translation  which  is  very  imperfect. 

III.     WORKS  ON  THE  FIRST  CRUSADE. 

1.  H.  vonSybel :  Geschichte des  ersten  Kreuzzuges.  2ded.  Leipzig,  1 88 1. 

2.  Hagenmeyer  :  Peter  der  Eremite.     Leipzig,  1879. 

first  is  the  best  work  on  the  first  crusade.  The  second  discusses  all  the 
questions  connected  with  Peter  the  Hermit  and  disposes  of  the  fables.  It  is  rich  in 
citations  from  the  sources,  and  is  of  great  value  for  the  history  of  the  first  crusade. 
There  is  also  a  French  translation. 

Sybel's  History  and  Literature  of  the  Crusades  contains  four  of  his  lectures  and 
an  analysis  of  the  sources  which  still  has  some  value.  This  compilation,  however, 
is  due  to  the  translator,  Lady  Duff  Gordon,  and  not  to  Sybel  himself.  Michaud's 
Bibliotheque  des  Croisades  can  be  used  only  with  care,  but  the  fourth  volume,  con- 
taining extracts  from  the  Arabic  historians,  is  useful.  Ducange's  Glossarium,  under 
".  Crucesignati  "  should  be  used  for  the  privileges  of  the  crusaders ;  also  H.  C.  Lea's 
History  of  the  Inquisition,  Vol.  I,  p.  42,  ff.  et  passim,  and  especially  his  latest  work, 
History  of  Auricular  Confession  and  Indulgences,  Vol.  III. 


TRANSLATIONS  AND  REPRINTS 

FROM  THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 

VOL.  I.  RESTORATION  AND  REACTION.    1814-20.  No.  3. 

TABLE  OF  CONTENTS. 

PAGE 

I.       THE  FRENCH  CONSTITUTIONAL  CHARTER  OF  1814 2 

II.       THE  TEXT  OF  THE  HOLY  ALLIANCE, 9 

III.  THE  GERMAN  ACT  OF  CONFEDERATION,  (1815.) n 

IV.  ANTI-REVOLUTIONARY  LEGISLATION  BASED  UPON  THE  CARW- 

BAD  RESOLUTIONS. 

1.  Decree  relating  to  the  Universities, 16 

2.  Press  I/aws, 18 

3.  Committee  of  Investigation, 19 

V.  THE  CIRCULAR  OF  TROPPAU, 22 


Note  : — The  best  general  treatments  in  English  of  this  period  are  probably  : 
C.  M.  ANDREWS,  "The  Historical  Development  of  Modern  Europe  ",  Vol.  I.  (Put- 
nam's) and  FYFFE,  "History  of  Modern  Europe,"  Vol.  II.  (Henry  Holt  &  Co.) 
SYBEL'S  important  work,  "The  Founding  of  the  German  Empire,"  contains  a 
short  but  most  excellent  account  of  German  affairs.  See  especially  I,  pp. 
of  the  English  version. 


2  TRANSLATIONS   AND   REPEINTS. 

I.     CONSTITUTIONAL  CHARTER. 

JUNE  4-10,   1814. 

From  Tripier  :  Constitutions  qui  ont  regi  la  France,  229  ft. 
The  constitution  which  Louis  XVIII  granted  to  France  upon  the  restoration 
of  the  Bourbon  dynasty  in  1814  is  important  from  two  points  of  view.  In  the  first 
place  it  furnishes  us  a  moderate  expression  of  the  permanent  results  of  the  revolu- 
tionary period.  Its  concessions  measure  the  space  which  separates  the  times  of 
Louis  XVI  from  those  of  his  brother  Louis  XVIII.  In  this  respect  the  preamble 
and  the  bill  of  rights  are  of  especial  interest.  Secondly,  no  other  constitution  has 
ever  served  France  for  so  long  a  period.  The  Charter,  although  somewhat  modi- 
fied in  1830  upon  the  accession  of  Louis  Philippe,  was  maintained  until  1848. 

Louis  by  the  grace  of  God,  King  of  France  and  Navarre — to  all 
those  to  whom  these  presents  come,  salutation.  Divine  Providence  in 
recalling  us  to  our  estates  after  a  long  absence  has  imposed  grave  re- 
sponsibilities upon  us.  Peace  was  the  first  necessity  of  our  subjects,  and 
we  have  unceasingly  occupied  ourselves  with  this.  That  peace  so  es- 
sential to  France  and  to  the  rest  of  Europe  has  been  signed.  A  constitu- 
tional charter  was  demanded  by  the  existing  condition  of  the  Kingdom, 
we  promised  this  and  now  publish  it.  We  have  taken  into  considera- 
tion the  fact  that  although  the  whole  authority  in  France  resides  in  the 
person  of  the  king,  our  predecessors  have  not  hesitated  to  modify  the 
exercise  of  this  in  accordance  with  the  differences  of  the  times.  It  was 
thus  that  the  communes  owed  their  enfranchisement  to  Louis  the  Fat, 
the  confirmation  and  extension  of  their  rights  to  Saint  Louis  and  Philip 
the  Fair,  and  that  the  judicial  system  was  established  and  developed  by 
the  laws  of  Louis  XI,  Henry  II  and  Charles  IX.  It  was  in  this  way 
finally  that  Louis  XIV  regulated  almost  every  portion  of  the  public 
administration  by  various  ordinances  which  have  never  been  surpassed 
in  wisdom.  We,  like  the  kings  our  predecessors,  have  had  to  consider 
the  effects  of  the  ever  increasing  progress  of  knowledge,  the  new  rela- 
tions which  this  progress  has  introduced  into  society,  the  direction  given 
to  the  public  mind  during  half  a  century  and  the  serious  troubles  result- 
ing therefrom.  We  have  perceived  that  the  wish  of  our  subjects  for  a 
constitutional  charter  was  the  expression  of  a  real  need,  but  in  yielding 
to  this  wish  we  have  taken  every  precaution  that  this  charter  should  be 
worthy  of  us  and  of  the  people  whom  we  are  proud  to  rule.  Able  men 
taken  from  the  first  bodies  of  the  state  were  added  to  the  commissioners 
of  our  council  to  elaborate  this  important  work.  While  we  recognize 
that  the  expectations  of  enlightened  Europe  ought  to  be  gratified  by  a 
free  monarchical  constitution,  we  have  had  to  remember  that  our  first 
duty  toward  our  peoples  was  to  preserve  for  their  own  interest  the  rights 


CONSTITUTIONAL   CHARTER.  3 

and  prerogatives  of  our  crown.  We  hope  that,  taught  by  experience, 
they  may  be  convinced  that  the  supreme  authority  can  alone  give  to 
institutions  which  it  establishes  the  power,  permanence  and  dignity  with 
which  it  is  itself  clothed.  That,  consequently,  when  the  wisdom  of 
kings  freely  harmonizes  with  the  wish  of  the  peoples,  a  constitutional 
charter  may  long  endure,  but  that  when  concessions  are  snatched  with 
violence  from  a  weak  government,  public  liberty  is  not  less  endangered 
than, the  throne  itself. 

We  have  sought  the  principles  of  the  constitutional  charter  in  the 
French  character  and  in  the  venerable  monuments  of  past  centuries. 
Thus  we  perceived  in  the  revival  of  the  peerage  a  truly  national  insti- 
tution, which  binds  memories  to  hope,  by  uniting  ancient  and  modern 
times.  We  have  replaced  by  the  chamber  of  deputies,  those  ancient 
assemblies  of  the  March  Field  and  May  Field,  and  those  chambers  of 
the  third  estate  which  so  often  exhibited  at  once  proof  of  their  zeal  for 
the  interests  of  the  people,  and  fidelity  and  respect  for  the  authority 
of  kings.  In  thus  endeavoring  to  renew  the  chain  of  time  which  fatal 
excesses  had  broken,  we  effaced  from  our  memory,  as  we  would  we  might 
blot  out  from  history,  all  the  evils  which  have  afflicted  the  country  dur- 
ing our  absence.  Happy  to  find  ourselves  again  in  the  bosom  of  our 
great  family,  we  could  only  respond  to  the  love  of  which  we  receive  so 
many  testimonies  by  uttering  words  of  peace  and  consolation.  The 
dearest  wish  of  our  heart  is  that  all  the  French  may  live  like  brothers, 
and  that  no  bitter  memory  should  ever  trouble  the  security  which  ought 
to  follow  the  solemn  act  which  we  grant  them  to-day. 

Confident  in  our  intentions,  strong  in  our  conscience,  we  engage 
ourselves  before  the  assembly  which  listens  to  us  to  be  faithful  to  this 
Constitutional  Charter,  with  the  intention  of  swearing  to  maintain  it 
with  added  solemnty  before  the  altars  of  Him  who  weighs  in  the  same 
balance  kings  and  nations. 

For  these  reasons  we  have  voluntarily  and  by  the  free  exercise  of 
our  royal  authority  granted  and  do  grant,  concede  and  accord,  as  well 
for  us  as  for  our  successors  forever,  the  Constitutional  Charter  as  follows: 

PUBLIC   RIGHTS   OF  THE   FRENCH. 

ARTICLE  1.  The  French  are  equal  before  the  law,  whatever  may 
be  their  title  or  rank. 

2.  They  contribute  without  distinction  to  the   impositions   of  the 
State  in  proportion  to  their  fortune. 

3.  They  are  all  equally  eligible  to  civil  and  military  positions. 


4.  Their  personal  liberty  is  likewise  guaranteed.     No  one  can  be 
prosecuted  or  arrested  except  in  the  cases  and  in  the  manner  prescribed 
by  law. 

5.  All  may  with  equal  liberty  make  profession  of  their  religion 
and  enjoy  the  same  protection  for  their  form  of  worship. 

6.  Nevertheless  the  Roman  Catholic  and  Apostolic  religion  is  the 
religion  of  the  State. 

7.  The  ministers 'of  the  Roman  Catholic  and  Apostolic   religion 
and  those  of  other  Christian  forms   of  worship   only   receive  subsidies 
from  the  royal  treasury. 

8.  The  French  have  the  right  to  publish  and  cause  their  opinions 
to  be  printed,  if  they  conform  to  the  laws  destined  to  check  the   abuse 
of  this  liberty. 

9.  All  property  is  inviolable,  that  known   as   national  property 
forming  no  exception,  the  law  recognizing  no   difference   between   that 
and  other  property. 

10.  The  State  may  demand   the   surrender   of  property   in  the 
cause  of  the  public  interest  when  this  is  legally  certified,  but  only   with 
previous  indemnification. 

11.  All  investigation  of  opinions  expressed  or  of  votes  cast  pre- 
vious to  the  Restoration  is  prohibited.     Oblivion  of  these  is  imposed 
upon  the  courts  and  citizens  alike. 

12.  The  conscription   is   abolished.     The   method   of  recruiting 
both  for  the  army  and  the  navy  shall  be  determined  by  law. 

FORM   OP  THE   GOVERNMENT  OF  THE   KING. 

13.  The  person  of  the  King  is  inviolable  and  sacred.     His  min- 
isters are  responsible.     In  the  King  alone  is  vested  the  executive  power. 

14.  The  King  is  the  supreme  head  of  the  State,  he  has  command 
of  the  land  and  naval  forces,  declares  war,  concludes  treaties  of  peace, 
alliance  and  commerce,  appoints  all  the  officials  of  the  public  adminis- 
tration and  issues  the  regulations  and  ordinances  necessary  for  the  exe- 
cution of  the  laws  and  the  safety  of  the  State. 

15.  The  legislative  power  is  exercised  jointly  by   the   King,    the 
Chamber  of  Peers  and  the  Chamber  of  Deputies  of  the  Departments. 

16.  The  right  of  initiating  legislation  belongs  to  the  King. 

17.  Proposed  laws  are  submitted,  at  the  option  of  the  King,  either 
to  the  Chamber  of  Peers  or  to  the  Chamber  of  Deputies,    except   laws 
for  raising  taxes,  which  must  be  submitted  to  the  Chamber  of  Deputies  first. 

18.  Every  law  must  be  discussed  and  passed  freely  by  a  majority 
of  each  of  the  two  houses. 


CONSTITUTIONAL   CHARTER.  5 

19.  The  chambers  have  the  right  to  petition  the  King  to  submit 
a  law  relating  to  any  subject  and  to  indicate  what  they  deem  the  law 
should  contain. 

20.  Such  a  request  may  be  made  by  either  of  the  two  chambers, 
but  only  after  the  subject  has  been  discussed  in  secret  committee.     But 
the  request  shall  not  be  submitted  to  the  other  chamber  by  the  one  in 
which  it  originates  until  the  expiration  of  ten  days. 

21.  If  the  proposition  is  adopted  by  the  other  chamber  it  shall  be 
laid  before  the  King  ;  if  it  is  rejected  it  shall  not  be  again  presented 
during  the  same  session. 

22.  The  King  sanctions  and  promulgates  the  laws. 

23.  The  civil  list  is  fixed  for  the  duration  of  the  reign  by  the  first 
Parliament  meeting  after  the  accession  of  the  King. 

THE   CHAMBER   OF   PEERS. 

24.  The  Chamber  of  Peers  forms  an  essential  portion  of  the  legis- 
lative power. 

25.  It  is  to  be  convoked  by  the   King  simultaneously   with  the 
Chamber  of  Deputies  of  the  Departments.     The  sessions  of  both  open 
and  close  at  the  same  time. 

26.  Every  meeting  of  the  Chamber  of   Peers  which  shall   be 
held  when  the  Chamber  of  Deputies  is  not  in  session  or  which  is  not  or- 
dered by  the  King  is  illegal  and  ipso  facto  void. 

27.  The  selection  of  the  Peers  of  France  belongs  to  the  King. 
Their  number  is  unrestricted.     The  King  may  vary  the  dignities  con- 
ferred upon  the  Peers,  whom  he  may  appoint  for  life   or  to   whom   he 
may  grant  hereditary  titles. 

28.  The  Peers  are  admitted  to  the  chamber  upon   reaching   the 
age  of  twenty-five  years,  and  at  the  age  of  thirty  they  may  vote. 

29.  The  Chamber  of  Peers  is  presided  over  by  the  Chancellor  of 
France  and  in  his  absence  by  a  peer  appointed  by  the  King. 

30.  The  members  of  the  royal   family   and   the   princes  of  the 
blood  are  peers  by  right  of  birth.     They  sit  next  to  the  president,    but 
may  not  vote  until  they  reach  the  age  of  twenty-five. 

31.  The  princes  may  not  take  their  places  in  the  chamber  except 
at  the  King's  command,  contained  in  a  message  at  each  session,  on  pain 
of  rendering  null  and  void  everything  which   may   be   done   in   their 
presence. 

32.  All  proceedings  of  the  Chamber  of  Peers  are  secret. 

33.  The  Chamber  of  Peers  takes  cognizance  of  the  crime  of  high 


6  TRANSLATIONS   AND   REPRINTS. 

treason  and  of  attempts  against  the  security  of  the  State,  which  shall  be 
defined  by  law. 

34.  No  peer  shall  be  arrested  except  by  authority  of  the  Chamber 
of  Peers  or  shall  be  judged  except  by  this  body,  in  criminal  matters. 

THE   CHAMBER   OF   DEPUTIES   OF   THE   DEPARTMENTS. 

35.  The  Chamber  of  Deputies  shall  be  formed  of  deputies  chosen 
by  the  electoral  colleges,  the  organization  of  which  shall  be  determined 
by  law. 

36.  Each  department  shall  have  the  same  number  of  deputie* 
as  it  has  had  up  to  the  present  time. 

37.  The  deputies  shall  be  elected  for  five  years  and  in  such  a  way 
as  to  have  one-fifth  of  the  chamber  retire  each  year. 

38.  No  deputy  may  be  a  member  of  the  chamber  who  is  not  fortf 
years  of  age,  and  who  does  not  pay  a  direct  tax  to  the   amount   of  on« 
thousand  francs. 

39.  If,  however,  there  shall  not  be  found  in  the  department  fifty 
persons  of  the  age  indicated,  paying  at   least   one   thousand   francs   in 
direct  taxes,  their  number  shall  be  completed  by  adding  those   paying 
the  largest  amount  of  direct  taxes  below  one   thousand   francs.     These 
latter  may  be  elected  on  the  same  footing  as  the  first. 

40.  The  electors  participating  in  the  choice  of  deputies  can  only 
exercise  the  right  of  suffrage  if  they  pay  direct  taxes  to  the  amount  of 
three  hundred  francs  and  are  at  least  thirty  years  of  age. 

41.  The  presidents  of  the  electoral  colleges  shall  be  appointed  by 
the  King  and  are  of  right  members  of  the  colleges. 

42.  The  half  at  least  of  the  deputies  shall  be  elected  from   the 
eligible  candidates  who  are  legally  resident  in  the  department. 

43.  The  president  of  the  Chamber  of  Deputies  is   appointed  by 
the  King  from  a  list  of  five  members  nominated  by  the  chamber. 

44.  The  sessions  of  the  chamber  are  public,  but  upon  the  demand 
of  five  members  it  shall  constitute  itself  a  secret  committee. 

45.  The  chamber  is  divided  into  committees  for  the  discussion  of 
the  bills  laid  before  it  by  the  King. 

46.  No  amendment  can  be  made  to  a  law  unless  it  has  been  pro- 
posed by  the  King  and  referred  to  and  discussed  by  the  committees. 

47.  All  plans  of  taxation  are  to  be  submitted  to  the  Chamber  of 
Deputies  and  only  after  such  bills  have  been  approved  by  this  chamber 
Bhall  they  be  carried  to  the  Chamber  of  Peers. 


CONSTITUTIONAL   CHARTER.  7 

48.  '  No  tax  may  be  established  or  collected   unless  it  has  been 
granted  by  the  two  chambers  and  sanctioned  by  the  King. 

49.  The  land  tax  shall  be  granted   only   for  a   year.     Indirect 
taxes  may  be  established  for  several  years. 

50.  The  King  convokes  the  two  chambers  every   year  ;   he  may 
prorogue  them  and  may  dissolve  that  of  the  Deputies   of   the   Depart- 
ments, but  in  this  case  he  must  convoke  a  new   chamber   within  three 
months. 

51.  No  member  of  the  chamber  may  be  arrested  during  the  ses- 
sion nor  during  the  six  weeks  preceding  or  following  it. 

52.  No  member  of  the  chamber  may  be  prosecuted  or  arrested 
during  the  session  for  criminal  offence,  except  when  taken   in   the  act, 
without  the  permission  of  the  chamber. 

53.  All  petitions  to  either  of  the  chambers  shall  be  drawn  up  and 
presented  only  in  writing.     It  is  forbidden  by  law  to  present  a  petition 
in  person  at  the  bar  of  the  house. 

THE   MINISTERS. 

54.  The  ministers  may  be  members  of  the  Chamber  of  Peers  or 
of  the  Chamber  of  Deputies.     They  have,  moreover,    access  to   both 
chambers,  and  must  be  heard  when  they  request  it 

55.  The  Chamber  of  Deputies  has  the  right  to  impeach  the  min- 
isters, and  bring  them  before  the  Chamber  of  Peers, '  which   alone   has 
the  right  to  judge  them. 

56.  They  can  only  be  impeached  for  acts  of  treason  or  for  pecu- 
lation.    Special  laws  shall  define  this  class  of  misdemeanors,   and  pre- 
scribe the  mode  of  prosecution. 

THE  JUDICIARY. 

57.  All  justice  emanates  from  the  King  and  shall  be  administered 
in  his  name  by  judges  appointed  and  commissioned  by  him. 

58.  The  judges  appointed  by  the  King  are  irremovable. 

59.  The  existing  courts  and  ordinary  tribunals  shall  be  retained. 
They  shall  in  no  way  be  modified  except  in  virtue  of  a  law. 

60.  The  existing  institution  of  commercial  judges  shall  beretained. 

61.  The  system  of  justice  de  paix  shall   also   be  retained.     The 
justices  of  the  peace  are  not,  however,  irremovable,  although   they  are 
appointed  by  the  King. 

62.  No  one  shall  be  deprived  of  his  natural  judges. 

63.  Consequently  no  extraordinary  commissions  or  tribunals  shall 
be  created.     The  juridictiona  prevotales  are  not,   however,  included 


8  TRANSLATIONS   AND   REPRINTS. 

under  this  head  and  may  be  reestablished  if  it  is  deemed  necessary. 

64.  Proceedings  in  criminal  cases  shall  be  public  so  far   as  such 
publicity  shall  not  threaten  the  public  order  or  morality.     In  such  cases  the 
courts  shall  decide  and  their  decisions  shall  take  the  form  of  a  judgment. 

65.  The  system  of  juries  shall  be  retained.     Such  changes  as 
larger  experience  may  show  to  be  necessary  can  only  be  made  by  law. 

66.  The  penalty  of  confiscation  of  goods  is  abolished  and  may 
not  be  reestablished. 

67.  The  King  has  power  to  grant  pardons  and  commute  punish- 
ments. 

68.  The  Civil  Code  and  the  laws  at  present  existing  which  are 
not  contrary  to  the  present  Charter  shall  remain  in  force  until  they  are 
legally  abrogated. 

SPECIAL   RIGHTS   GUARANTEED   BY   THE   STATE. 

69.  Members  of  the  army  in  active  service,  retired  officers    and 
soldiers,  the  widows  of  former  members  of  the  army,  as  well  as  pension- 
ed officers  and  soldiers  shall  retain  their  rank,  dignities  and  pensions. 

70.  The  public  debt  is  guaranteed.     All  kinds  of  engagements 
entered  into  by  the  State  with  its  creditors  are  inviolable. 

71.  The  former  nobility  shall  resume  its  titles.     The  new  nobility 
shall  retain  theirs.     The  King  may  create  nobles  at  will,  but  he  shall 
grant  them  only  rank  and  dignities  without  any   exemption  from   the 
burdens  or  duties  of  society. 

72.  The  Legion  of  Honor  shall  be  maintained.     The  King  is  to 
determine  upon  the  internal  rules  and  the  decorations. 

73.  The  colonies  shall  be  governed  by  special  laws  and  regulations. 

74.  The  King  and  his  successors  shall  swear  at  the  celebration  of 
their  coronation  faithfully  to  observe  the  present  Constitutional  Charter. 

TEMPORARY   ARTICLES 

75.  The  Deputies  of  the  Departments  of  France  who  have  sat  in 
the  Legislative  Body  since  the  last  adjournment  shall  continue  to  sit  in 
the  Chamber  of  Deputies  until  its  re-election. 

76.  The  first  renewal  of  a  fifth  of  the  Chamber  of  Deputies  shall 
at  latest  take  place  in  the  year  1816,  according  to  the  order  of  retirement. 

We  order  that  the  present  Constitutional  Charter,  submitted  to  the 
Senate  and  Legislative  Body  in  conformity  with  our  proclamation  of 
May  2,  shall  be  sent  immediately  to  the  Chamber  of  Peers  and  to  that 
of  the  Deputies. 


CONSTITUTIONAL,   CHARTER.  9 

II.  THE  HOLY  ALLIANCE. 

SIGNED  AT  PARIS,    SEPTEMBER   11    1815. 

From  Martens  :  Nouveau  Recueil  de  Traitis  II,  656-8. 
The  text  of  the  famous  Holy  Alliance,  drawn  up  at  the  instigation  of  Alexan- 
der I  of  Russia,  is  given  in  view  not  so  much  of  its  inherent  importance  as  of  the 
weight  mistakenly  attributed  to  it.  It  has  been  erroneously  regarded  as  the  bond 
of  union  between  the  conservative  powers  in  their  struggle  against  liberal  ideas. 
Several  years  of  reaction  were,  however,  necessary  to  the  development  of  the 
definite  system  of  intervention  in  the  affairs  of  other  states  announced  in  the  cir- 
cular of  Troppau  (see  p.  22.) 

In  the  Name  of  the  very  Holy  and  Indivisible  Trinity. 

Their  majesties,  the  Emperor  of  Austria,  the  King  of  Prussia  and 
the  Emperor  of  Russia,  in  view  of  the  great  events  which  the  last  three 
years  have  brought  to  pass  in  Europe  and  in  view  especially  of  the 
benefits  which  it  has  pleased  Divine  Providence  to  confer  upon  those 
states  whose  governments  have  placed  their  confidence  and  their  hope  in 
Him  alone,  having  reached  the  profound  conviction  that  the  policy  of 
the  powers,  in  their  mutual  relations,  ought  to  be  guided  by  the  sub- 
lime truths  taught  by  the  eternal  religion  of  God  our  Saviour,  solemn- 
ly declare  that  the  present  act  has  no  other  aim  than  to  manifest  to  the 
world  their  unchangable  determination  to  adopt  no  other  rule  of  con- 
duct, either  in  the  government  of  their  respective  countries  or  in  their 
political  relations  with  other  governments,  than  the  precepts  of  that 
holy  religion,  the  precepts  of  justice,  charity  and  peace.  These,  far 
from  being  applicable  exclusively  to  private  life,  ought  on  the  contrary 
directly  to  control  the  resolutions  of  princes  and  to  guide  their  steps  as 
the  sole  means  of  establishing  human  institutions  and  of  remedying 
their  imperfections.  Hence  their  majesties  have  agreed  upon  the  follow- 
ing articles : 

ARTICLE  I. — Conformably  to  the  words  of  Holy  Scripture  which 
command  all  men  to  look  upon  each  other  as  brothers,  the  three  con- 
tracting monarchs  will  continue  united  by  the  bonds  of  a  true  and  in- 
dissoluble fraternity,  and  regarding  themselves  as  compatriots,  they 
will  lend  aid  and  assistance  to  each  other  on  all  occasions  and  in  all 
places,  viewing  themselves,  in  their  relations  to  their  subjects  and  to 
their  armies,  as  fathers  of  families,  they  will  direct  them  in  that 
spirit  of  fraternity  by  which  they  are  animated,  for  the  protection  of 
religion,  peace  and  justice. 

ARTICLE  II. — Hence  the  sole  principle  of  conduct,  be  it  between 
the  said  governments  or  their  subjects,  shall  be  that  of  rendering  mutual 


JO  TRANSLATIONS   AND   REPRINTS 

service,  and  testifying  by  unceasing  good-will,  the  mutual  affection  with 
which  they  should  be  animated.  Considering  themselves  all  as  members 
of  one  great  Christian  nation,  the  three  allied  princes  look  upon  them- 
selves as  delegates  of  Providence  called  upon  to  govern  three  branches 
of  ths  same  family,  viz  :  Austria,  Russia  and  Prussia.  They  thus  con- 
fess that  the  Christian  nation,  of  which  they  and  their  people  form  a  part, 
has  in  reality  no  other  sovereign  than  He  alone  to  whom  belongs  by 
right  the  power,  for  in  Him  alone  are  to  be  found  all  the  treasures  of 
love,  of  knowledge  and  of  infinite  wisdom,  that  is  to  say  God,  our 
Divine  Saviour,  Jesus  Christ,  the  word  of  the  most  High,  the  word  of 
life.  Their  majesties  recommend,  therefore,  to  their  peoples,  as  the 
sole  means  of  enjoying  that  peace  which  springs  from  a  good  conscience 
and  is  alone  enduring,  to  fortify  themselves  each  day  in  the  principles 
and  practice  of  those  duties  which  the  Divine  Saviour  has  taught  to  men. 

ARTICLE  III. — All  those  powers  who  wish  solemnly  to  make 
avowal  of  the  sacred  principles  which  have  dictated  the  present  act,  and 
who  would  recognize  how  important  it  is  to  the  happiness  of  nations,  too 
long  agitated,  that  these  truths  should  hereafter  exercise  upon  human 
destiny  all  the  influence  belonging  to  them,  shall  be  received  into  this 
Holy  Alliance  with  as  much  cordiality  as  affection. 

Engrossed  in  three  copies  and  signed  at  Paris,  year  of  grace  1815, 
September  Ji. .  C  FRANCIS, 

Signed)  FREDERICK  WILLIAM, 
(.ALEXANDER, 


GERMAN  ACT  OF  CONFEDEEATION,  II 

in.  THE  GERMAN  ACT  OF  CONFEDERATION. 

OF  THE  EIGHTH   OF  JUNE,    1815. 

From  P.  A.  G.  von  Meyer,  Corpus  Juris   Confcederationis    Germanics, 
2nd  edition,  II,  pp.  j  ff. 

The  Act  of  Confederation  formed  the  Constitution  of  Germany  for  half  a  cen- 
tury (i8l5-i866(.  It  was  drawn  up  at  the  Congress  of  Vienna,  where  Prussia's 
plan  of  a  firm  union  was  successfully  opposed  by  Austria,  with  the  support  of  the 
Middle  States  of  Germany.  The  tendencies  of  the  two  great  powers,  Austria  and 
Prussia,  were  at  variance  throughout  and  the  inevitable  rivalry  between  them  forms 
the  key  to  German  history  until  the  final  expulsion  of  Austria  from  the  union  in 
1866.  Metternich's  ideal  of  an  international  union  of  sovereign  princes  under  the 
leadership  of  Austria  was  practically  realized.  "Judged  by  the  requirements  of  a 
practical  political  organization  this  German  Act  of  Confederation,  produced  with,so 
much  effort,  possessed  about  all  the  faults  that  can  render  a  constitution  utterly  use- 
less" (Sybel).  An  attempt  was  made  to  develop  the  meaning  of  certain  clauses  of 
this  document  in  1820.  This  resulted  in  the  so-called  Final  Act  of  Vienna  (Wie- 
ner Schluss-Acte)  which  may  be  regarded  as  upon  practically  the  same  footing  as 
the  primary  act  of  1815. 

In  the  Name  of  the  most  Holy  and  Indivisible  Trinity. 

The  Sovereign  Princes  and  Free  Towns  of  Germany  animated  by 
the  common  desire  to  carry  into  effect  Article  VI  of  the  Peace  of  Paris 
of  May  30,  1814,  and  convinced  of  the  advantages  which  would  result 
for  the  security  and  independence  of  Germany  and  to  the  repose  and 
equilibrium  of  Europe  from  a  firm  and  lasting  union,  have  agreed  to 
unite  themselves  in  a  perpetual  Confederation,  and  have  for  this  purpose 
invested  their  envoys  and  deputies  at  the  Congress  of  Vienna  with  full 
powers,  viz : 

His  Imperial  and  Royal  Apostolic  Majesty  ;  the  Sieur  Clement 
Wenceslas,  Prince  of  Metternich-Winneburg-Ochsenhausen,  knight  of 
the  Golden  Fleece,  Grand  Cross  of  the  Royal  Order  of  St.  Stephen  of 
Hungary,  Knight  of  the  Order  of  St.  Andrew,  of  the  order  of  St. 
Alexander  Newsky  and  of  St.  Anne  of  the  First  Class.  Grand  Cor- 
don of  the  Legion  of  Honor ;  Knight  of  the  Order  of  the  Elephant,  of 
the  Order  of  the  Annunciation,  of  the  Black  Eagle,  and  of  the  Red 
Eagle,  of  the  Seraphim,  of  St.  Joseph  of  Tuscany,  of  St.  Hubert,  of  the 
Golden  Eagle  of  Wurtemberg,  of  the  Fidelity  of  Baden,  of  St.  John  of 
Jerusalem,  and  of  several  others ;  Chancellor  of  the  Military  Order  of 
Maria  Theresa ;  Curator  of  the  Imperial  and  Royal  Academy  of  Fine 
Arts ;  Chamberlain  and  Active  Privy  Councillor  of  his  Majesty  the 
Emperor  of  Austria  and  King  of  Hungary  and  Bohemia ;  his  Majesty's 
Minister  of  State  and  of  Conferences,  as  well  as  Minister  of  Foreign 


12  TRANSLATIONS   AND   REPRINTS. 

Affairs  and  First  Plenipotentiary  at  the  Congress, — and  the  Sieur  John 
Philip,  Baron  of  Wessenberg ;  Grand  Cross  of  the  Royal  Sardinian  Or- 
der of  St.  Mauritus  and  St.  Lazarus,  and  of  the  Royal  Order  of  the 
Crown  of  Bavaria,  etc. ;  Chamberlain  and  Active  Privy  Councillor  of 
his  Imperial  and  Royal  Apostolic  Majesty,  and  his  Majesty's  second 
Plenipotentiary  at  the  Congress. 

His  Royal  Majesty  of  Prussia ;  the  Prince  Hardenberg,  his  Chan- 
cellor of  State l 

GENERAL.  PROVISIONS. 

ARTICLE  I. — The  Sovereign  Princes  and  Free  Towns  of  Germany, 
including  their  Majesties  the  Emperor  of  Austria  and  the  Kings  of 
Prussia,  of  Denmark,  and  of  the  Netherlands ;  to  wit,  the  Emperor  of 
Austria  and  the  King  of  Prussia  for  all  of  their  possessions  formerly 
belonging  to  the  German  Empire  ;2  the  King  of  Denmark  for  Holstein, 
and  the  King  of  the  Netherlands  for  the  Grand  Duchy  of  Luxemburg, 
unite  in  a  perpetual  union  which  shall  be  called  The  German  Con- 
federation. 

ARTICLE  II. — The  aim  of  the  same  shall  be  the  maintenance  of 
the  external  and  internal  safety  of  Germany  and  of  the  independence 
and  inviolability  of  the  individual  German  States. 

ARTICLE  III. — All  members  of  the  Union  have,  as  such,  equal 
rights.  They  all  engage  alike  to  maintain  inviolate  the  Act  of  Con- 
federation. 

ARTICLE  IV. — The  affairs  of  the  Confederation  shall  be  confided 
to  a  Diet  of  the  Confederation,  in  which  all  members  of  the  Union  shall 
vote  through  their  plenipotentiaries,  either  individually  or  collectively, 
in  the  following  manner  without  prejudice  to  their  rank: 


1.  Austria 

2.  Prussia  ....... 

3.  Bavaria  ......* 

4.  Saxony  ....... 

5.  Hanover 

6.  Wurtemberg  ..,.., 

7.  B  .den 

8.  Electoral  Hesse  .    .    . 

9.  Grand  Duchy  of  Hesse 
lo.  Denmark,  for  Holstein 


vote. 


JIt  has  not  been  deemed  necessary  to  give  the  names  of  all  the  plenipoten- 
tiaries.    All  the  States  enumerated  in  Article  IV  were  represented  at  the  Congress. 
2Holy  Roman  Empire. 


GERMAN   ACT   OF   CONFEDERATION.  13 

11.  The  Netherlands,  for  the  Grand  Duchy  of  Luxemburg  .    .    .  I  vote. 

12.  The  Grand  Ducal  and  Ducal  Houses  of  Saxony I       " 

13.  Brunswick  and  Nassau I       " 

14.  Mecklenburg-Schwerin  and  Mecklenburg-Strelitz I      " 

15.  Holstein-Oldenburg,  Anhalt  and  Schwartzburg I      " 

16.  Hohenzollern,    Liechtenstein,    Reuss,    Schaumburg-Lippe, 

Lippe   and  Waldeck I      '« 

17.  The  Free  Towns,  Liibeck,  Frankfurt,  Bremen  and  Hamburg  I      " 

Total  votes 17 

ARTICLE  V. — Austria  shall  preside  in  the  Diet  of  the  Confedera- 
tion. Each  member  of  the  Union  has  the  right  to  make  and  support 
propositions,  and  the  presiding  State  is  bound  within  a  determined  period 
to  bring  them  under  deliberation. 

ARTICLE.  VI. — Whenever  fundamental  laws  of  the  Confederation 
are  to  be  enacted  or  amended  or  measures  are  to  he  adopted  relative  to 
the  Act  of  Confederation  itself  or  organic  institutions  of  the  Confedera- 
tion, or  other  arrrangements  of  common  interest  are  under  consideration 
the  Diet  shall  form  itself  into  a  General  Assembly  (Plenum)  in  which 
the  distribution  of  the  votes,  based  upon  the  respective  extent  of  the 
Individual  States  of  the  Union,  has  been  arranged  as  follows : 

Shall  have  Shall  have 

1.  Austria 4  votes  20.  Mecklenburg-Strelitz  ....      rote 

2.  Prussia 4      "  21.  Holstein-Oldenburg  .... 

3.  Saxony 4      "  22.  Anhalt-Dessau 

4.  Bavaria 4      "  23.  Anhalt-Bernburg 

5.  Hanover 4      "  24.  Anhalt-Cothen 

6.  Wiirtemberg 4      "  25.  Schwarzburg-Sonderhausen 

7.  Baden 3      "  26.  Schwarzburg-Rudolstadt  .  . 

8.  Electoral  Hesse 3      "  27.  Hohenzollern-Hechingen  . 

9.  Grand  Duchy  of  Hesse  .   ,  3      "  28.  Liechtenstein  .        

lo»  Holstein 3      "  29.  Hohenzollern-Sigmaringen 

11.  Luxemburg 3  "  30.  Waldeck 

12.  Brunswick 2  "  31.  Reuss,  Elder  Branch  .    .    . 

13.  Mecklenburg-Schwerin   .   .  2  "  32.  Reuss,  Younger  Branch  .   . 

14.  Nassau 2  "  33.  Schaumberg-Lippe  .... 

15.  Saxe-Weimar I  "  34.  Lippe 

1 6-  Saxe-Gotha I  "  35.  The  Free  Town  Liibeck  .  . 

17,  Saxe-Coburg I       "      36.  The  Free  Town  Frankfurt  . 

18,  Saxe-Meiningen I      "      37.  The  Free  Town  Bremen  .  . 

19,  Saxe-Hildburghausen  ...  I      "      38.  The  Free  Town  Hamburg  • 

Total  votes 69 

The  Diet  of  the  Confederation  in  deliberating  on  the  Organic  Laws 
of  the  Union  shall  take  into  consideration  whether  the  mediatized  estates 


14  TRANSLATIONS   AND   REPRINTS. 

of  the  former  empire  shall  be  granted  any  collective  votes  in  the  Plenum. 

ARTICLE  VII. — The  question  whether  a  given  subject  ought,  ac- 
cording to  the  above  provisions,  to  be  considered  in  the  Plenum,  shall 
be  decided  by  vote  in  the  Ordinary  Assembly  (Engerer  Rath). 

Drafts  of  Resolutions  which  are  to  be  submitted  to  the  Plenum 
shall  be  prepared  in  the  Ordinary  Assembly,  which  shall  supply  all  the 
information  necessary  for  their  acceptance  or  rejection  by  the  Plenum; 
The  vote  of  the  majority  shall  regulate  the  decisions,  both  in  the  Ordi- 
nary Assembly  and  in  the  Plenum,  with  the  difference,  however,  that  in 
the  Ordinary  Assembly  a  simple  majority  shall  be  deemed  sufficient  for 
the  passage  of  a  measure  while  in  the  Plenum  a  majority  of  two-thirds 
shall  be  necessary. 

In  case  of  a  tie  in  the  Ordinary  Assembly,  the  presiding  state 
shall  cast  the  deciding  vote. 

When  however,  the  deliberations  of  the  Diet  shall  relate  to  the 
adoption  or  amendment  of  the  fundamental  laws,  to  the  organic  institu- 
tions of  the  Confederation,  to  individual  rights  (jura  singulorum)  or  to 
matters  of  religion,  the  vote  of  the  majority  shall  not  be  deemed  suffi- 
cient either  in  the  Plenum  or  in  the  Ordinary  Assembly,  for  the  passage 
of  a  measure.  The  Diet  of  the  Confederation  is  permanent,  but  may, 
when  the  business  submitted  to  its  deliberations  is  terminated,  adjourn 
for  a  definite  period,  not  to  exceed  four  months.  The  detailed  regula- 
tions relating  to  adjournment  and  to  the  disposal  of  pressing  affairs 
which  may  arise  during  the  recess  shall  be  determined  by  the  Diet, 
itself,  when  it  shall  draw  up  the  Organic  Laws. 

ARTICLE  VIII. — In  regard  to  the  order  in  which  the  members  of 
the  Confederation  shall  vote,  it  is  determined  that  so  long  as  the  Diet  of 
the  Confederation  shall  be  occupied  with  the  formulation  of  the  organic 
Laws  there  shall  be  no  fixed  rule,  and  the  order  which  shall  be  adopted 
shall  in  no  way  be  prejudicial  to  any  member  or  serve  as  a  precedent. 
When  the  Organic  Laws  shall  have  been  drawn  up,  the  diet  of  the  Con- 
federation shall  take  into  consideration  the  future  permanent  order  of 
voting  to  be  adopted.  In  so  doing,  they  shall  deviate  as  little  as  poss- 
ible from  the  regulations  of  the  former  Diet,  especially  as  based  upon 
the  provisions  of  the  Decree  of  the  Imperial  Commission  of  1803. 

But  this  order  of  voting  shall  exercise  no  influence  upon  the  rank 
of  the  members  of  the  union  or  their  order  of  precedence,  except  so  far 
as  the  diet  is  concerned. 

ARTICLE  IX. — The  Diet  of  the  Confederation  shall  sit  at  Frank- 
fort on  the  Main.  The  first  meeting  is  fixed  for  the  firstof  September  1815. 


GERMAN    ACT   OF   CONFEDERATION.  15 

ARTICLE  X. — The  first  business  of  the  Diet  of  the  Confederation 
afterits  opening  shall  be  the  drawing  up  of  the  fundamental  laws  of  the 
Union  and  of  its  organic  institutions  connected  with  the  foreign  military 
and  internal  arrangements. 

ARTICLE  XL — All  members  of  the  Confederation  pledge  them- 
selves to  protect  Germany  as  a  whole,  as  well  as  every  single  confeder- 
ated state  against  attack,  and  mutually  guarantee  their  entire  possessions, 
so  far  as  those  are  included  within  the  coufederatiou. 

When  war  is  once  declared  on  the  part  of  the  Confederation  no 
member  shall  negotiate  separately  with  the  enemy  nor  conclude  an 
armistice  or  make  peace. 

ARTICLE  XII. — The  members  of  the  Confederation  reserve  to 
themselves  the  right  of  forming  alliances  of  all  kinds.  They  pledge 
themselves,  however,  to  contract  no  engagement  which  shall  be  directed 
against  the  safety  of  the  Confederation  or  that  of  any  individual  state 
within  the  Union. 

The  members  of  the  Confederation  pledge  themselves  likewise  not 
to  make  war  among  themselves  upon  any  pretence,  nor  to  follow  up  their 
contentions  with  force  but  to  submit  these  to  the  Diet.  It  shall  devolve 
upon  this  body  to  attempt  arbitration  by  means  of  a  commission.  Should 
this  fail  and  a  judicial  decision  become  necessary  the  same  shall  be 
effected  through  a  well  organized  court  of  arbitration  (Austragal- 
Instanz)  to  the  decision  of  which  the  conflicting  parties  shall  forthwith 
submit. 

SPECIAL   PROVISIONS. 

In  addition  to  the  matters  settled  in  the  preceding  articles,  relat- 
ing to  the  establishment  of  the  Confederation,  the  members  of  the  Union 
agreed  upon  the  provisions  contained  in  the  following  articles,  with  re- 
gard to  the  subjects  mentioned  below,  which  articles  shall  have  the  same 
force  as  the  preceding  ones. 

ARTICLE  XII.1 — 

lrrhe  Articles  of  this  second  part  are  omitted  as  having  little  interest.  Only 
the  first  part  or  "general  provisions"  were  included  in  the  Act  of  Congress  of 
Vienna,  forming  Articles  LIII-LXIII  of  that  document.  Article  LXIV,  however, 
provided  that  the  "special  provisions."  which  were  to  be  appended  to  the  Act 
itself,  were  to  have  the  same  force  as  if  actually  inserted  there.  The  most  import- 
ant of  the  special  provisions  and  one  which  later  caused  much  discussion  was  Ar- 
ticle XIII  which  read  "A  CONSTITUTION  BASED  UPON  THE  SYSTEM  OF  ESTATES 

SHALL  BE  ESTABLISHED  ($tatt  findetl)    IN   ALL  THE  STATES  OE  THE  UNION." 


1 6  TRANSLATIONS   AND   REPRINTS. 

IV.  DECREES   BASED    UPON   THE   RESOLUTIONS    OF 

CARLSBAD. 

From  P.  A.  G.  von  Meyer,    Corpus  Juris  Conf&derationis  Germanics, 

2nd  edition,  II,  138  ff. 

The  extreme  phase  in  the  spirit  of  reaction  was  reached  in  Germany  when  the 
laws  here  given  were  enacted  by  the  Diet.  Using  the  murder  of  Kotzebue  as  a 
pretense,  Metternich  called  a  conference  of  the  larger  states  of  the  confederation 
at  Carlsbad  (Bohemia)  in  August  1819.  Here  a  series  of  resolutions  were  drawn 
up  with  the  aim  of  checking  the  free  expression  of  opinions  hostile  to  existing 
institutions  and  of  discovering  and  bringing  to  justice  conspirators,  who  were  sup- 
posed to  exist  in  dangerous  numbers.  These  "Carlsbad  Resolutions"  were  laid 
before  the  Diet  with  a  communication  on  the  part  of  Austria,  urgently  advocating 
their  ratification.  In  spite  of  the  much  exaggerated  danger  and  of  great  pres- 
sure the  approval  of  all  the  plenipotentiaries  was  scarcely  obtained  even  lormally, 
and  a  number  signed  a  protest  against  the  proceedings,  which  was,  however, 
kept  secret. 

PROVISIONAL    DECREE    RELATING      TO     THE     UNIVERSITIES,      UNANI- 
MOUSLY  ADOPTED  SEPTEMBER    2O,    1 819. 

Decreed  that,  with  a  view  to  the  fundamental  improvement  of  the 
whole  system  of  schools  and  universities  a  series  of  provisional  measures 
shall,  pending  further  deliberations  of  the  Diet,  be  adopted  without 
delay,  for  remedying  the  defects  of  the  same.  For  this  purpose  the 
draft  in  question  shall  be  adopted.  This  law  of  the  Confederation  shall, 
in  accordance  with  its  provisions,  go  into  force  immediately  in  all  the 
states  of  the  Union. 

§  1.  A  special  representative  of  the  ruler  of  each  state  shall  be 
appointed  for  each  university  with  appropriate  instructions  and  extend- 
ed powers,  and  who  shall  reside  in  the  place  where  the  university  is  sit- 
uated. This  office  may  divolve  upon  the  existing  Curator  or  upon  any 
other  individual  whom  the  government  may  deem  qualified. 

The  function  of  this  agent  shall  be  to  see  to  the  strictest  enforce- 
ment of  existing  laws  and  disciplinary  regulations ;  to  observe  carefully 
the  spirit  which  is  shown  by  the  instructors  in  the  university  in  their 
public  lectures  and  regular  courses,  and,  without  directly  interfering  in 
scientific  matters  or  in  the  methods  of  teaching,  to  give  a  salutary  direc- 
tion to  the  instruction,  having  in  view  the  future  attitude  of  the  students. 
Lastly,  they  shall  devote  unceasing  attention  to  everything  that  may 
promote  morality,  good  order  and  outward  propriety  among  the  students. 

The  relation  of  these  special  agents  to  the  Senate  of  the  university, 
as  well  as  all  details  relating  to  the  extent  of  their  duties  and  to  their 
manner  of  action,  shall  be  included  in  the  instructions  furnished  by  the 


CARLSBAD   RESOLUTIONS.  1 7 

superior  government  officials.  These  instructions  shall  be  as  precise  as 
the  circumstances  which  have  dictated  the  appointment  of  the  agents  in 
question  shall  permit. 

§  2.  The  confederated  governments  mutually  pledge  themselves 
to  remove  from  the  universities  or  other  public  educational  institutions 
all  teachers  who,  by  obvious  deviation  from  their  duty  or  by  exceeding 
the  limits  of  their  functions,  or  by  the  abuse  of  their  legitimate  influence 
over  the  youthful  minds,  or  by  propagating  harmful  doctrines  hostile  to 
public  order  or  subversive  of  existing  governmental  institutions,  shall 
have  unmistakably  proved  their  unfitness  for  the  important  office  in- 
trusted to  them,  No  obstacle  whatever  shall  prevent  the  execution  of 
this  provision  so  long  as  it  shall  remain  in  force  and  until  such  time  as 
this  matter  shall  be  definitely  regulated,  Removals  of  this  character 
shall  however,  never  be  made  except  upon  the  recommendation,  accom- 
panied with  full  reasons,  of  the  aforesaid  special  agent  of  the  govern- 
ment at  the  university  or  in  view  of  a  report  previously  required  from 
him. 

No  teacher  who  shall  have  been  removed  in  this  manner  shall  be 
again  appointed  to  a  position  in  any  public  institution  of  learning  in 
another  state  of  the  Union. 

§  3.  Those  laws  which  have  for  a  long  period  been  directed 
against  secret  and  unauthorized  societies  in  the  universities,  shall  be 
strictly  enforced.  These  laws  apply  especially  to  that  association  estab- 
lished some  years  since  under  the  name  Universal  Students'  Union  (Alleg- 
meine  Eurschenschaff),  since  the  very  conception  of  the  society  implies 
the  utterly  unallowable  plan  of  permanent  fellowship  and  constant 
communication  between  the  various  universities.  The  duty  of  especial 
watchfulness  in  this  matter  should  be  impressed  upon  the  special  agents 
of  the  government. 

The  governments  mutually  agree  that  such  persons  as  snail,  after 
the  publication  of  the  present  decree,  be  shown  to  have  remained  in 
secret  or  unauthorized  associations  or  shall  have  entered  such  associa- 
tions, shall  not  be  admitted  to  any  public  office. 

§  4.  No  student,  who  shall  be  expelled  from  a  university  by  a 
decision  of  the  University  Senate,  which  was  ratified  or  prompted  by 
the  agent  of  the  government,  or  who  shall  have  left  the  institution  in 
order  to  escape  expulsion,  shall  be  received  in  any  other  university.  Nor, 
in  general,  shall  any  student  be  admitted  to  another  university  without 
a  satisfactory  certificate  of  his  good  conduct  at  the  university  he  has  left. 


1 8  TRANSLATIONS   AND    REPRINTS. 

PRESS   LAWS   FOR    FIVE   YEARS.1 

§  1.  So  long  as  this  decree  shall  remain  in  force  no  publication 
which  appears  in  the  form  of  daily  issues  or  as  a  serial  not  exceeding 
twenty  sheets  of  printed  matter  shall  go  to  press  in  any  state  of  the 
Union  without  the  previous  knowledge  and  approval  of  the  state  officials. 

Writings  which  do  not  belong  to  one  of  the  above-mentioned  class- 
es shall  be  treated  according  to  the  laws  now  in  force  or  which  may  be 
enacted  in  the  individual  states  of  the  Union.  If  such  publications 
shall,  however,  give  rise  to  a  complaint  upon  the  part  of  any  state  of  the 
Union,  proceedings  against  the  author  or  publisher  of  the  obnoxious 
publication  shall  be  conducted  in  the  name  of  the  government  to  which 
the  complaint  was  directed  and  with  the  forms  prevailing  in  the  several 
states  of  the  Union. 

§  2.  The  details  of  means  and  provisions  necessary  for  the  enforce- 
ment of  this  decree  shall  be  left  to  the  several  governments.  These 
must,  however,  be  of  such  a  character  as  fully  to  carry  out  the  purpose 
and  aim  of  the  main  provisions  of  Section  1. 

§  3.  Since  the  present  decree  has  been  called  forth  by  the  neces- 
sity which  is  recognized  under  the  existing  circumstances  by  the  confed- 
erated governments,  of  preventitive  measures  against  the  abuse  of  the 
press,  the  existing  laws  aiming  at  the  judicial  prosecution  and  punish- 
ment of  offences  actually  committed  in  the  way  of  publication,  shall  uot, 
so  long  as  this  decree  remains  in  force,  be  deemed  sufficient  in  any 
state  of  the  Union,  in  so  far  as  their  provisions  relate  to  the  classes  of 
publication  mentioned  in  Section  1. 

§  4.  Each  state  of  the  Union  is  responsible  not  only  to  the  state 
against  which  the  offence  is  directly  committed,  but  to  the  whole  Confed- 
eration for  every  publication  appearing  under  its  supervision  (and  con- 
sequently for  all  publications  included  in  Section  1)  in  which  the  honor 
or  security  of  other  states  is  infringed  or  their  constitution  or  adminis- 
tration attacked. 

§  5.2 


lThe  enacting  clause,  similar  to  that  given  at  the  beginning  of  the  preceding 
decree  is  omitted  here  as  well  as  in  the  succeeding  decree. 

2Section  5  and  the  opening  of  Section  6  provide  for  an  amicable  adjustment 
between  the  states  of  grievances  in  the  matter  of  publications.  Where  this  fails 
recourse  may  be  had  to  the  Diet,  which,  if  it  thinks  best,  may  suppress  the  offend- 
ing publications. 


CARLSBAD    RESOLUTIONS.  19 

§  6.  .  .  ,  .  The  Diet  shall  have  the  right,  more- 
over, to  suppress  on  its  own  authority,  without  being  petitioned,  such 
writings  included  in  Section  1,  in  whatever  German  state  they  may 
appear,  as  in  the  opinion  of  a  commission  appointed  by  it,  are  inimical  to 
the  honor  of  the  Union,  the  safety  of  individual  states  or  the  mainten- 
ance of  peace  and  quiet  in  Germany.  There  shall  be  no  appeal  from 
such  decisions  and  the  governments  involved  are  bound  to  see  that  they 
are  put  into  execution. 

§  7.  When  a  newspaper  or  periodical  is  suppressed  by  a  decision 
of  the  Diet  the  editor  thereof  may  not,  within  a  period  of  five  years,  edit 
a  similar  publication  in  any  state  of  the  Union.  The  writers,  publishers 
and  dealers  in  publications  included  in  Section  1  shall  be  free  from  all 
further  responsibility  if  they  have  complied  with  the  requirements  of 
this  decree.  The  decisions  of  the  Diet  provided  for  in  Section  6  shall 
be  directed  exclusively  against  publications,  never  against  persons. 
§  8,  9.  1 

§10.  The  present  provisional  decree  shall  remain  in  force  during 
a  period  of  five  years  from  this  day.  Before  the  expiration  of  this 
period  the  Diet  shall  take  into  careful  consideration  in  what  manner 
measures  may  best  be  taken  for  establishing  the  uniform  regulations 
mentioned  in  Article  18  of  the  Act  of  Confederation  in  regard  to  the 
freedom  of  the  press,  and  thus  secure  a  permanent  law  fixing  the  proper 
Smits  of  the  freedom  of  the  press  in  Germany. 

ESTABLISHMENT   OF   AN   INVESTIGATING   COMMITTEE   AT   MAINZ. 

ARTICLE  1.  Within  a  fortnight,  reckoned  from  the  passage  of  this 
decree,  there  shall  convene,  under  the  auspices  of  the  Confederation,  in 
the  city  and  federal  fortress  of  Mainz,  an  Extraordinary  Commission  of 
Investigation  to  consist  of  seven  members  including  the  chairman. 

ARTICLE  II.  The  object  of  the  Commission  shall  be  a  joint  inves- 
tigation, as  thorough  and  extensive  as  possible,  of  the  facts  relating  to 
the  origin  and  manifold  ramifications  of  the  revolutionary  plots  and 
demagogical  associations  directed  against  the  existing  Constitution  and 
internal  peace  both  of  the  Union  and  of  the  individual  states :  of  the 


1  Section  8  provides  that  the  States  shall  inform  the  Diet  of  the  measures  they 
have  taken.  Section  9  orders  that  all  publications  shall  indicate  the  name  of  the 
peorisher  and  that  newspapers  and  periodicals  must  give  the  name  of  the  editor  as 
well. 


JO  TRANSLATIONS   AND      REPRINTS. 

existence  of  which  plots  more  or  less  clear  evidence  is  to  be  had  already, 
or  may  be  produced  in  the  course  of  the  investigation. 

ARTICLE  III.  The  Diet  shall  choose  in  the  General  Assembly, 
by  the  vote  of  a  simple  majority,  the  seven  members  of  the  Union, 
which  shall  in  turn  appoint  the  members  of  the  Central  Commission  of 
Investigation.  The  seven  commissioners  appointed  by  the  members  of  the 
Union  shall,  upon  coming  together,  elect  their  chairman  from  their  own 
number. 

ARTICLE  IV.  Only  state  officials  may  be  appointed  members  of 
the  Central  Commission  of  Investigation  who  hold  or  have  held  a  judi- 
cial office  in  the  state  which  appoints  them,  or  who  have  already  under- 
taken important  investigations.  Each  commissioner  shall  have  a  secre- 
tary named  by  his  government  in  his  commission.  These  secretaries 
shall  as  a  body  form  the  personnel  of  the  secretariate. 

The  chairman  shall  apportion  the  business  to  be  done  among  the 
individual  members.  Resolutions  shall  be  adopted  by  vote  of  the 
majority,  after  a  preliminary  report. 

ARTICLE  V.  In  order  to  attain  their  end  the  Central  Commission 
of  Investigation  shall  assume  the  direction  of  local  investigations, 
which  have  been  undertaken,  or  may  in  the  future  be  begun  in  the  va- 
rious states  of  the  Union. 

Local  authorities  which  have  heretofore  conducted  such  investigations 
or  who  may  hereafter  conduct  them,  shall  be  ordered  by  their  govern- 
ments to  forward  to  the  Central  Commission  of  Investigation  as  soon  as 
possible,  either  in  the  original  or  in  copies,  reports  of  proceedings 
which  have  taken  place  under  their  direction.  They  shall  further  be 
ordered  to  carry  out  promptly  and  fully  all  instructions  which  they  shall 
receive  from  the  said  Federal  Commission,  and  to  proceed  with  the  ne- 
cessary investigations  with  the  greatest  possible  thoroughness  and  expe- 
dition, causing  those  accused  to  be  arrested. 

The  local  authorities  shall  promptly  follow  up  new  clues  which  may 
lead  to  discoveries,  without  any  preliminary  order  from  the  Central 
Investigating  Commission.  They  shall  however  immediately  acquaint 
the  latter  with  the  facts. 

The  local  authorities  shall  be  ordered  by  the  higher  state   officials 
to  maintain  constant  communication  with  the  Central  Federal  Commis- 
sion and  among  themselves,  mutually  supporting  each  other  in   accord 
ance  with  Article  II  of  the  Act  of  Confederation. 


CARLSBAD   RESOLUTIONS.  21 

ARTICLE  VI.1    .        »        . 

ARTICLE  VII.  The  Central  Federal  Commission  has  the  right, 
when  it  deems  it  necessary,  to  examine  individuals  itself.  It  shall  apply 
to  the  superior  state  authorities,  or  to  the  authorities  which  have  been 
indicated  to  them  in  accordance  with  Article  VI,  to  stop  proceedings. 
In  cases  of  unavoidable  necessity  recognized  by  the  Central  Commission, 
such  persons  are,  upon  demand  of  the  said  Commission,  addressed  to  the 
superior  state  authorities  or  the  local  authorities  above  mentioned,  to  be 
arrested  and  sent  under  secure  guard  to  Mainz. 

ARTICLE  VIII.  The  necessary  provisions  shall  be  made  in  the 
town  where  the  Commission  sits,  for  the  safe-keeping  of  individuals  of 
this  class  sent  thither. 

The  expenses  of  the  Commission,  as  well  as  of  the  investigation 
itself,  are  to  be  borne  by  the  Confederation. 

ARTICLE  IX. 2      .        .        .        . 

ARTICLE  X.  The  Central  Investigating  Commission  is  moreover 
to  furnish  the  Diet  from  time  to  time,  with  a  report  of  the  results  of  the 
investigation,  which  is  to  be  carried  out  as  speedily  as  possible.  The 
Diet  shall,  in  accordance  with  the  individual  results,  or  with  the  general 
outcome  of  the  whole  investigation,  take  the  necessary  measures  for 
opening  judicial  proceedings. 


1  Article  VI  requires  the  states  to  inform  the  Commission  of  the  local  author- 
ities which  are  conducting  investigations. 

z  Article  IX  provides  that  the  Commission  may  turn  to  the  Diet  if  necessary 
for  more  detailed  instructions. 


•22  TRANSLATIONS   AND   REPRINTS. 

V.  CIRCULAR  NOTE  FROM  THE  COURTS  OF  AUSTRIA 
RUSSIA  AND  PRUSSIA. 

DATED   FROM   TROPPAU,    DECEMBER   8,    l82O. 

From  Martens  :  Nouveau  Recueil  de  Traites,  Tome  V.,pp.  592-5. 
The  revolutions  which  broke  out  in  1820  in  the  southern  part  of  Europe  led  to 
the  extension  of  repressive  measures  beyond  the  boundaries  of  individual  states. 
A  system  of  international  intervention  was  concerted  by  the  leading  reactionary 
monarchs  with  a  view  of  preventing  revolutionary  movements  The  plan  is  so  care- 
fully and  characteristically  elaborated  in  the  circular  of  Troppau  that  further  ex- 
planation is  uncalled  for. 

Having  been  informed  of  the  false  and  exaggerated  rumors  which 
have  been  circulated  by  ill-intentioned  and  credulous  persons  in  regard 
to  the  results  of  the  conferences  at  Troppau,  the  allied  courts  deemed  it 
necessary  to  transmit  authentic  explanations  to  their  representatives  at 
foreign  courts,  in  order  to  enable  them  to  refute  the  erroneous  ideas  to 
which  these  rumors  have  given  rise.  The  brief  report  here  annexed 
will  enable  them  to  do  this,  and  although  it  is  not  proposed  to  make 
this  the  subject  of  a  formal  communication  the  contents  may  be  impart- 
ed in  a  confidential  manner.  They  shall  arrange  the  measures  to  be 
taken  in  this  matter  with  the  ministers  of  the  two  other  allied  powers. 

Troppau,  December  8,  1820. 

BRIEF    REVIEW   OF   THE     FIRST    RESULTS     OF   THE    CONFERENCES    AT 

TROPPAU. 

The  events  which  took  place  in  Spain,  March  8,  at  Naples,  July  2, 
as  well  as  the  catastrophe  in  Portugal,  could  not  but  arouse  a  feeling  of 
the  deepest  indignation,  apprehension  and  sorrow  in  those  who  are  called 
upon  to  guard  the  tranquillity  of  the  nations  and  at  the  same  time,  em- 
phasize the  necessity  of  uniting  in  order  to  determine  in  common  the  means 
of  checking  the  misfortunes  which  threaten  to  envelop  Europe.  It  was 
but  natural  that  these  sentiments  should  leave  a  deep  impression  upon 
those  powers  which  had  but  lately  stifled  revolution  and  who  now  beheld 
it  once  more  raise  its  head.  Nor  was  it  less  natural  that  these  powers, 
in  encountering  revolution  for  the  third  time,  should  have  recourse  to 
the  same  methods  which  they  had  employed  with  so  much  success  in  the 
memorable  struggle  which  freed  Europe  from  a  yoke"  she  had  borne  for 
twenty  years.  Everything  encouraged  the  hope  that  that  alliance 
formed  in  the  most  critical  circumstances,  crowned  with  the  most  brill- 
iant success  and  strengthened  by  the  conventions  of  1814,  1815  and 
1818,  as  it  had  prepared  the  way  for,  established  and  assured  the  peace 
of  the  world  and  delivered  the  European  Continent  from  the  military 


CIRCULAR   OF  TROPPAU.  33 

representatives  of  Revolution,  so  it  would  be  able  to  check  a  new  form  of 
oppression,  not  less  tyrannical  and  fearful,  that  of  revolt  and  crime. 

Such  were  the  motives  and  the  aim  of  the  meeting  at  Troppau. 
The  motives  are  too  obvious  to  need  further  explanation.  The  aim  is 
so  honorable  and  justifiable  that  the  best  wishes  of  all  right  minded  per- 
sons will  doubtless  accompany  the  allied  courts  into  the  noble  arena 
they  are  about  to  enter.  This  undertaking  which  is  imposed  upon  them 
by  their  most  sacred  engagements  is  a  grave  and  difficult  one.  But  an 
encouraging  presentiment  leads  them  to  hope  that,  by  invariably  main- 
taining the  spirit  of  the  treaties  to  which  Europe  is  indebted  for  the 
peace  and  union  which  reigns  amongst  its  various  states,  they  will  attain 
their  end. 

The  Powers  are  exercising  an  incontestable  right  in  taking  com- 
mon measures  in  respect  to  those  states  in  which  the  overthrow  of  the 
government  through  a  revolt,  even|ifit  be  considered  simply  as  a  danger, 
ous  example,  may  result  in  a  hostile  attitude  toward  all  constitutions 
and  legitimate  governments.  The  exercise  of  this  right  becomes  an 
urgent  necessity  when  those  who  have  placed  themselves  in  this  situation 
seek  to  extend  to  their  neighbors  the  ills  which  they  have  brought  uoon 
themselves  and  to  promote  revolt  and  confusion  around  them. 

A  situation  of  this  kind  and  such  conduct  is  an  obvious  infraction 
of  the  arrangement  which  guarantees  to  all  European  governments,  in 
addition  to  the  inviolability  of  their  territory,  the  enjoyment  of  peaceful 
relations,  which  excludes  all  reciprocal  encroachment  upon  their  rights. 

This  is  the  incontestable  fact  which  the  allied  courts  have  made 
fheir  point  of  departure.  Hence  the  ministers,  who  might  be  furnished 
at  Troppau  even  with  positive  instructions  on  the  part  of  their  monarchs, 
came  to  an  agreement  upon  the  plan  of  action  to  be  followed  in  regard 
to  those  states  where  the  governments  had  been  overturned  by  violence, 
and  upon  the  pacific  or  coercive  measures  which  might  bring  these  states 
once  more  into  the  European  alliance,  in  case  the  allies  could  succeed  in 
exercising  a  distinct,  salutary  influence.  The  results  of  their  delibera- 
tions were  transmitted  to  the  courts  of  Paris  and  London,  in  order  that 
these  might  take  them  into  consideration. 

Nothing  could  menace  more  directly  the  tranquillity  of  the  neigh- 
"boring  states  than  the  revolution  at  Naples,  gaining  ground  as  it  did 
daily.  In  view  of  the  fact  that  the  allied  courts  could  not  be  attacked 
so  promptly  and  immediately  as  these,  it  was  deemed  expedient  to  pro- 
ceed in  regard  to  the  Kingdom  of  the  Two  Sicilies  according  to  the 
principles  above  enunciated. 


24  TRANSLATIONS   AND   REPRINTS. 

In  order  to  prepare  conciliatory  measures  toward  this  end,  the 
monarchs,  convened  at  Troppau,  resolved  to  ask  the  King  of  the  Two 
Sicilies  to  meet  them  at  Laibach,  with  the  single  aim  of  freeing  his 
majesty  from  all  external  compulsion  and  placing  this  monarch  in  the 
position  of  mediator  between  his  erring  people  and  the  states  whose 
tranquillity  they  threaten.  The  monarchs,  having  resolved  in  no  case  to 
recognize  governments  set  up  by  a  revolt,  can  only  negotiate  with  the 
king  in  person,  and  their  ministers  and  agents  in  Naples  have  been 
instructed  to  this  effect. 

France  and  England  have  been  requested  to  co-operate  in  these 
measures  and  it  is  to  be  anticipated  that  they  will  not  refuse  since  the 
principle  upon  which  the  request  is  based  is  completely  in  accord  with 
the  treaties  which  they  have  entered  into,  and  affords  moreover  a 
guarantee  of  the  fairest  and  most  peaceful  intentions. 

The  system  pursued  in  concert  by  Prussia,  Austria  and  Russia  is 
in  no  way  new.  It  is  based  upon  the  same  principles  as  those  upon  which 
the  conventions  rested  which  created  the  alliance  of  the  European 
states.  The  intimate  union  among  the  courts  which  form  the  nucleus 
of  this  Confederation,  can  only  gain  hereby  in  strength  and  permanence. 
The  alliance  will  be  consolidated  by  the  same  means  which  the  powers, 
to  whom  it  owes  its  origin,  used  in  its  formation,  and  which  have  caused 
the  system  to  be  adopted  by  all  the  other  powers  convinced  of  its  advan- 
tages which  are  more  incontestable  than  ever. 

Moreover,  it  is  needless  to  prove  that  the  resolutions  taken  by  the 
Powers  are  in  no  way  to  be  attributed  to  the  idea  of  conquest,  nor  to  any 
intention  of  interfering  with  the  independence  of  other  governments  in 
their  internal  administration,  nor  lastly,  to  the  purpose  of  preventing 
wise  improvements  freely  carried  out  and  in  harmony  with  the  true  in- 
terests of  the  people.  Their  only  desire  is  to  preserve  and  maintain  peace 
to  deliver  Europe  from  the  scourge  of  revolution  and  to  obviate  or 
lessen  the  ills  which  arise  from  the  violation  of  the  precepts  of  order  and 
morality. 

On  such  terms,  these  Powers  believe  that  they  may,  as  a  reward 
for  their  solicitude  and  exertions,  count  upon  the  unanimous  approval 
of  the  world. 


TRANSLATIONS  AND  REPRINTS 

PROM  THE 
ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 

LETTERS  OF  THE  CRUSADERS  WRITTEN 
Voz"  L  FROM  THE  HOLY  LAND.  Na 


TABLE  OF  CONTENTS. 

PAGB 

I.        THE  FIRST  CRUSADE. 

1.  Anselme  of  Ribetnont  to  Manasses  II.,  Archbishop  of 

Reims,  1098, 2 

2.  Stephen,  Count  of  Blois  and  Chartres,  to  his  wife, 

Adele,  1098 5 

3.  Daimbert,  Godfrey  and  Raymond  to  the  Pope,  1099,          8 
XL        THE  SECOND  CRUSADE. 

1.  Conrad  III.  to  Wibald,  Abbot  of  Corvey,  1148,  ...          12 

2.  Conrad  III.  to  Wibald,  Abbot  of  Corvey,  1148,  ...          14 
III.       THE  DECLINE  AND  FALL  OF  JERUSALEM. 

1.  Aymeric,    Patriarch    of  Antioch,    to  Louis  VII.   of 

France,  1164, 15 

2.  Letter  from  the  East  to  Master  of  the  Hospitalers,  1 187,         18 
vO  IV.        THE  CRUSADE  OF  FREDERIC  I. 

1.  Frederic  I.  to  Leopold  of  Austria,  1189 20 

2.  Sibylla,  Ex-queen  of  Jerusalem,  to  Frederic  I.,  1189,         21 
V.       THE  GERMAN  CRUSADE. 

i.    The  Duke  of  Lorraine  to  the  Archbishop  of  Cologne, 

"97, 22 

VI.       THE  FIFTH  CRUSADE 

1.  Frederic  II.  to  Henry  III.  of  England,  1229,  ....          24 

2.  Gerold,  Patriarch  of  Jerusalem,  to  all  the  Faithful, 

1229, 27 

)0  VII.       THE  FINAL  CAPTURE  OF  JERUSALEM. 

i.     The  Master  of  the  Hospitalers  at  Jerusalem  to  Lord 

de  Melaye,  1244, 31 

V^VTII.       THE  SIXTH  CRUSADE. 

i.     Guy,  a  Knight,  to  B.  of  Chartres,  1249, 35 

IX.       A  LIST  OF  OTHER  LETTERS,  WRITTEN  BY  THE  CRUSADERS, 

WHICH  HAVE  BEEN  TRANSLATED  INTO  ENGLISH,      ...  40 


2  TRANSLATIONS  AND   REPRINTS. 

I.     THE  FIRST  CRUSADE. 

Many  letters  relative  to  the  crusades  have  been  preserved.  Undoubtedly, 
the  most  valuable  are  those  which  were  written  by  eye-witnesses  of  the 
events  recorded,  and  which  have  come  down  to  us  in  epistolary  form. 
"These  are  in  general  the  most  precious  documents  for  the  history  of  the 
crusades.  For  in  their  day  they  played  the  part  of  the  despatches  and  mili- 
tary bulletins  of  our  day,  and  they  transmit  to  us  faithfully  the  impression 
which  the  events  themselves  made  upon  those  who  had  taken  part  in  them." 
Of  these  a  few  have  been  selected  for  translation  here.  All  but  two  were 
written  by  persons  high  in  rank,  and  all  furnish  information  which  cannot 
be  obtained,  with  equal  accuracy,  elsewhere.  The  selection  of  letters  has 
been  controlled  to  some  extent  by  the  fact  that  adequate  translations  of 
some  of  the  most  important  already  exist  in  English. 

"Anselme  of  Ribemont,  count  of  Ostrevant  and  Valenciennes,  is  one  of 
the  most  brilliant  figures  in  the  first  crusade;  and  his  glorious  death  before 
Archis  (early  in  April,  1099),  was  recorded  by  all  the  eye-witnesses  of  the 
expedition."  From  Guibert's  history  (Bk.  VI,  23),  he  was  known  to  have 
written  two  letters  to  the  archbishop  of  Reims,  but  only  the  second  was 
known  to  be  in  existence.  In  1877,  count  Riant  found  the  first — the  one 
here  translated — in  the  "  Bibliothe"que  Mazarine,"  in  Paris. 

Stephen,  count  of  Blois  and  Chartres,  was  one  of  the  richest  and  ablest 
among  the  princes  who  took  part  in  the  first  crusade.  According  to  legend 
he  was  the  possessor  of  three  hundred  and  sixty-five  castles;  in  the  second 
letter  we  find  him  in  temporary  command  of  the  whole  Christian  army. 
He  wrote  at  least  three  letters  to  his  wife  (see  Riant,  Lettres  No.  LXXIV, 
LXXXVII,  C),  of  which  this  is  the  third.  "  Sybel  rightly  considers  this 
letter  as  one  of  the  most  important  documents  for  the  history  of  the  first 
crusade." 

The  third  letter  was  probably  the  most  widely  read  of  all  those  written 
about  the  first  crusade.  It  has  been  regarded  with  great  suspicion,  but  is 
now  recognized  as  genuine.  Several  versions  have  been  preserved.  Another 
translation  can  be  found  in  Michaud's  History  of  the  Crusades  (London. 
1852),  Vol.  Ill,  p.  362  «. 

Full  discussions  of  the  above  letters  are  given  in  Riant:  Inventaire 
critique  des  Lettres  historiques  des  Croisades,  and  Sybel:  Geschichte  des 
ersten  Kreuzzuges.  The  facts  related  in  the  letters  are  most  fully  treated 
of  in  the  latter  book.  Kugier  gives  an  excellent  brief  summary  in  his 
Ceschichte  der  Kreuzzuge. 

i.  ANSEI<ME  OF  RIBEMONT  TO  MANASSES  II,  ARCHBISHOP  OF  REIMS. 

Before  Antioch,  about  February  10,  1098. 
Riant:  Lettres,  No.  xcvii,  and  page  222.     Latin. 

To  his  reverend  lord  M.,  by  God's  grace  archbishop  of  Reims, 
A.  of  Ribemont,  his  vassal  and  humble  servant — greeting. 

Inasmuch  as  you  are  our  lord  and  as  the  kingdom  of  France  is 


THE   FIRST  CRUSADE.  3 

especially  dependent  upon  your  care,  we  tell  to  you,  our  father, 
the  events  which  have  happened  to  us  and  the  condition  of  the 
army  of  the  Lord.  Yet,  in  the  first  place,  although  we  are  not 
ignorant  that  the  disciple  is  not  above  his  master,  nor  the  servant 
above  his  lord,  we  advise  and  beseech  you  in  the  name  of  our 
Lord  Jesus  to  consider  what  you  are  and  what  the  duty  of  a 
priest  and  bishop  is.  Provide  therefore  for  our  land,  so  that  the 
lords  may  keep  peace  among  themselves,  the  vassals  may  in 
safety  work  on  their  property,  and  the  ministers  of  Christ  may 
serve  the  Lord,  leading  quiet  and  tranquil  lives.  I  also  pray  you 
and  the  canons  of  the  holy  mother  church  of  Reims,  my  fathers 
and  lords,  to  be  mindful  of  us,  not  only  of  me  and  of  those  who 
are  now  sweating  in  the  service  of  God,  but  also  of  the  members 
of  the  army  of  the  Lord  who  have  fallen  in  arms  or  died  in  peace. 

But  passing  over  these  things,  let  us  return  to  what  we  prom- 
ised. Accordingly  after  the  army  had  reached  Nicomedia,  which 
is  situated  at  the  entrance  to  the  land  of  the  Turks,  we  all,  lords 
and  vassals,  cleansed  by  confession,  fortified  ourselves  by  partak- 
ing of  the  body  and  blood  of  our  Lord,  and  proceeding  thence 
beset  Nicaea  on  the  second  day  before  the  Nones  of  May.  After 
we  had  for  some  days  besieged  the  city  with  many  machines  and 
various  engines  of  war,  the  craft  of  the  Turks,  as  often  before, 
deceived  us  greatly.  For  on  the  very  da)r  on  which  they  had 
promised  that  they  would  surrender,  Soliman  and  all  the  Turks, 
collected  from  neighboring  and  distant  regions,  suddenly  fell 
upon  us  and  attempted  to  capture  our  camp.  However  the 
count  of  St.  Gilles,  with  the  remaining  Franks,  made  an  attack 
upon  them  and  killed  an  innumerable' multitude.  All  the  others 
fled  in  confusion.  Our  men,  moreover,  returning  in  victory  and 
bearing  many  heads  fixed  upon  pikes  and  spears,  furnished  a  joy- 
ful spectacle  for  the  people  of  God.  This  was  on  the  seventeenth 
day  before  the  Kalends  of  June. 

Beset  moreover  and  routed  in  attacks  by  night  and  day,  they 
surrendered  unwillingly  on  the  thirteenth  day  before  the  Kalends 
of  July.  Then  the  Christians  entering  the  walls  with  their 
crosses  and  imperial  standards,  reconciled  the  city  to  God,  and 
both  within  the  city  and  outside  the  gates  cried  out  in  Greek 
and  Latin,  "Glory  to  Thee,  O  God."  Having  accomplished 
this,  the  princes  of  the  army  met  the  emperor  who  had  come  to 
offer  them  his  thanks,  and  having  received  from  him  gifts  of 


4  TRANSLATIONS   AND   REPRINTS. 

inestimable  value,  some  withdrew,  with  kindly  feelings,  others 
with  different  emotions. 

We  moved  our  camp  from  Nicaea  on  the  fourth  day  before  the 
Kalends  of  July  and  proceeded  on  our  journey  for  three  days. 
On  the  fourth  day  the  Turks,  having  collected  their  forces  from 
all  sides,  again  attacked  the  smaller  portion  of  our  army,  killed 
many  of  our  men  and  drove  all  the  remainder  back  to  their 
camps.  Bohemond,  count  of  the  Romans,1  count  Stephen,  and 
the  count  of  Flanders  commanded  this  section.  When  these 
were  thus  terrified  by  fear,  the  standards  of  the  larger  army 
suddenly  appeared.  Hugh  the  Great  and  the  duke  of  Lorraine 
were  riding  at  the  head,  the  count  of  St.  Gilles  and  the  venerable 
bishop  of  Puy  followed.  For  they  had  heard  of  the  battle  and 
were  hastening  to  our  aid.  The  number  of  the  Turks  was  esti- 
mated at  260,000.  All  of  our  army  attacked  them,  killed  many 
and  routed  the  rest.  On  that  day  I  returned  from  the  emperor, 
to  whom  the  princes  had  sent  me  on  public  business. 

After  that  day  our  princes  remained  together  and  were  not 
separated  from  one  another.  Therefore,  in  traversing  the  coun- 
tries of  Romania  and  Armenia  we  found  no  obstacle,  except  that 
after  passing  Iconium,  we,  who  formed  the  advance  guard,  saw  a 
few  Turks.  After  routing  these,  on  the  twelfth  day  before  the 
Kalends  of  November,  we  laid  siege  to  Antioch,  and  now  we 
captured  the  neighboring  places,  the  cities  of  Tarsus  and  Laodicea 
and  many  others,  by  force.  On  a  certain  day,  moreover,  before 
we  besieged  the  city,  at  the  "  Iron  Bridge  "  we  routed  the  Turks, 
who  had  set  out  to  devastate  the  surrounding  country,  and  we 
rescued  many  Christians.  Moreover,  we  led  back  the  horses  and 
camels  with  very  great  booty. 

While  we  were  besieging  the  city,  the  Turks  from  the  nearest 
redoubt  daily  killed  those  entering  and  leaving  the  army.  The 
princes  of  our  army  seeing  this,  killed  400  of  the  Turks  who 
were  lying  in  wait,  drove  others  into  a  certain  river  and  led  back 
some  as  captives.  You  may  be  assured  that  we  are  now  besieg- 
ing Antioch  with  all  diligence,  and  hope  soon  to  capture  it.  The 
city  is  supplied  to  an  incredible  extent  with  grain,  wine,  oil  and 
all  kinds  of  food. 

I  ask,  moreover,  that  you  and  all  whom  this  letter  reaches  pray 

1  This  should  be  Normans.     Cf.  Hagenmeyer :  Gesta,  p.  197,  n.  10. 


THE   FIRST  CRUSADE.  5 

for  us  and  for  our  departed  brethren.  Those  who  have  fallen  in 
battle  are:  at  Nicaea,  Baldwin  of  Ghent,  Baldwin  Chalderuns, 
who  was  the  first  to  make  an  attack  upon  the  Turks  and  who 
fell  in  battle  on  the  Kalends  of  July,  Robert  of  Paris,  Lisiard  of 
Flanders,  Hilduin  of  Mansgarbio  [Mazingarbe],  Ansellus  of 
Caium  [Anseau  of  Caien],  Manasses  of  Claromonte  [Clermont], 
Laudunensis. 

Those  who  died  from  sickness:  at  Nicaea,  Guy  of  Vitreio,  Odo 
of  Vernolio  [Verneuil  (?)],  Hugh  of  Reims;  at  the  fortress  of 
Sparnum,  the  venerable  abbot  Roger,  my  chaplain;  at  Antioch, 
Alard  of  Spiniaeco,  Hugh  of  Calniaco. 

Again  and  again  I  beseech  you,  readers  of  this  letter,  to  pray 
for  us,  and  you,  my  lord  archbishop,  to  order  this  to  be  done  by 
your  bishops.  And  know  for  certain  that  we  have  captured  for 
the  I^ord  200  cities  and  fortresses.  May  our  mother,  the  western 
church,  rejoice  that  she  has  begotten  such  men,  who  are  acquir- 
ing for  her  so  glorious  a  name  and  who  are  so  wonderfully  aiding 
the  eastern  church.  And  in  order  that  you  may  believe  this, 
know  that  you  have  sent  to  me  a  tapestry  by  Raymond  "  de 
Castello."  Farewell. 

2.  STEPHEN,  COUNT  OF  BI.OIS  AND  CHARTRES,  TO  HIS  WIFE,  ADEI,B. 

Before  Antioch,  March  29,  1098. 

D'Achery,  Spicilegium,  I  edition,  iv.,  257.    Ibid.,  II  edition,  iii,  430. 
Hist.  occ.  des  cr.,  iii.,  pp.  887-891.  See  Riant:  Lettres,  No.  c.  Latin. 

Count  Stephen  to  Adele,  his  sweetest  and  most  amiable  wife, 
to  his  dear  children,  and  to  all  his  vassals  of  all  ranks — his 
greeting  and  blessing. 

You  may  be  very  sure,  dearest,  that  the  messenger  whom  I 
sent  to  give  you  pleasure,  left  rne  before  Antioch  safe  and  un- 
harmed, and  through  God's  grace  in  the  greatest  prosperity. 
And  already  at  that  time,  together  with  all  the  chosen  army  of 
Christ,  endowed  with  great  valor  by  Him,  we  had  been  continu- 
ously advancing  for  twenty-three  weeks  toward  the  home  of  our 
Lord  Jesus.  You  may  know  for  certain,  my  beloved,  that  of 
gold,  silver  and  many  other  kind  of  riches  I  now  have  twice  as 
much  as  your  love  had  assigned  to  me  when  I  left  you.  For  all 
our  princes,  with  the  common  consent  of  the  whole  army,  against 
my  own  wishes,  have  made  me  up  to  the  present  time  the  leader, 
chief  and  director  of  their  whole  expedition. 


6  TRANSLATIONS   AND   REPRINTS. 

You  have  certainly  heard  that  after  the  capture  of  the  city  of 
Nicaea  we  fought  a  great  battle  with  the  perfidious  Turks  and 
by  God's  aid  conquered  them.  Next  we  conquered  for  the  Lord 
all  Romania  and  afterwards  Cappadocia.  And  we  learned  that 
there  was  a  certain  Turkish  prince  Assam,  dwelling  in  Cappa- 
docia; thither  we  directed  our  course.  All  his  castles  we  con- 
quered by  force  and  compelled  him  to  flee  to  a  certain  very  strong 
castle  situated  on  a  high  rock.  We  also  gave  the  laud  of  that 
Assam  to  one  of  our  chiefs  and  in  order  that  he  might  conquer 
the  above-mentioned  Assam,  we  left  there  with  him  many  soldiers 
of  Christ.  Thence,  continually  following  the  wicked  Turks,  we 
drove  them  through  the  midst  of  Armenia,  as  far  as  the  great 
river  Euphrates.  Having  left  all  their  baggage  and  beasts  of 
burden  on  the  bank,  they  fled  across  the  river  into  Arabia. 

The  bolder  of  the  Turkish  soldiers,  indeed,  entering  Syria, 
hastened  by  forced  marches  night  and  day,  in  order  to  be  able  to 
enter  the  royal  city  of  Antioch  before  our  approach.  The  whole 
army  of  God  learning  this  gave  due  praise  and  thanks  to  the 
omnipotent  Lord.  Hastening  with  great  joy  to  the  aforesaid 
chief  city  of  Antioch,  we  besieged  it  and  very  often  had  many 
conflicts  there  with  the  Turks;  and  seven  times  with  the  citizens 
of  Antioch  and  with  the  innumerable  troops  coming  to  its  aid, 
whom  we  rushed  to  meet,  we  fought  with  the  fiercest  courage 
under  the  leadership  of  Christ.  And  in  all  these  seven  battles, 
by  the  aid  of  the  Lord  God,  we  conquered  and  most  assuredly 
killed  an  innumerable  host  of  them.  In  those  battles,  indeed, 
and  in  very  many  attacks  made  upon  the  city,  many  of  our 
brethren  and  followers  were  killed  and  their  souls  were  borne  to 
the  joys  of  paradise. 

We  found  the  city  of  Antioch  very  extensive,  fortified  with 
incredible  strength  and  almost  impregnable.  In  addition,  more 
than  5,000  bold  Turkish  soldiers  had  entered  the  city,  not  count- 
ing the  Saracens,  Publicans,  Arabs,  Turcopolitans,  Syrians, 
Armenians  and  other  different  races  of  whom  an  infinite  multi- 
tude  had  gathered  together  there.  In  fighting  against  these 
enemies  of  God  and  of  our  own  we  have,  by  God's  grace,  en- 
dured many  sufferings  and  innumerable  evils  up  to  the  present 
time.  Many  also  have  already  exhausted  all  their  resources  in 
this  very  holy  passion.  Very  many  of  our  Franks,  indeed,  would 
have  met  a  temporal  death  from  starvation,  if  the  clemency  of 


THE  FIRST  CRUSADE.  7 

God  and  our  money  had  not  succoured  them.  Before  the  above- 
mentioned  city  of  Antioch  indeed,  throughout  the  whole  winter 
we  suffered  for  our  Lord  Christ  from  excessive  cold  and  enormous 
torrents  of  rain.  What  some  say  about  the  impossibility  of  bear- 
ing the  heat  of  the  sun  throughout  Syria  is  untrue,  for  the  winter 
there  is  very  similar  to  our  winter  in  the  west. 

When  truly  Caspian  [Bagi  Seian],  the  emir  of  Antioch— that 
is,  prince  and  lord — perceived  that  he  was  hard  pressed  by  us,  he 
sent  his  son  Sensodolo  [Chems  Eddaulah]  by  name,  to  the  prince 
who  holds  Jerusalem,  and  to  the  prince  of  Calep,  Rodoam 
[Rodoanus],  and  to  Docap  [Deccacus  Ibn  Toutousch],  prince  of 
Damascus.  He  also  sent  into  Arabia  to  Bolianuth  and  to  Cara-  / 
thania  to  Hamelnuth.  These  five  emirs  with  12,000  picked  I 
Turkish  horsemen  suddenly  came  to  aid  the  inhabitants  of 
Antioch.  We,  indeed,  ignorant  of  all  this,  had  sent  many  of  our 
soldiers  away  to  the  cities  and  fortresses.  For  there  are  one  hun- 
dred and  sixty-five  cities  and  fortresses  throughout  Syria  which 
are  in  our  power.  But  a  little  before  they  reached  the  city,  we 
attacked  them  at  three  leagues'  distance  with  700  soldiers,  on  a 
certain  plain  near  the  "  Iron  Bridge."  God,  however,  fought  for 
us,  His  faithful,  against  them.  For  on  that  day,  fighting  in  the 
strength  that  God  gives,  we  conquered  them  and  killed  an  in- 
numerable multitude — God  continually  fighting  for  us — and  we 
also  carried  back  to  the  army  more  than  two  hundred  of  their 
heads,  in  order  that  the  people  might  rejoice  on  that  account. 
The  emperor  of  Babylon  also  sent  Saracen  messengers  to  our 
army  with  letters,  and  through  these  he  established  peace  and 
concord  with  us. 

I  love  to  tell  you,  dearest,  what  happened  to  us  during  Lent. 
Our  princes  had  caused  a  fortress  to  be  built  before  a  certain  gate 
which  was  between  our  camp  and  the  sea.  For  the  Turks  daily 
issuing  from  this  gate,  killed  some  of  our  men  on  their  way  to 
the  sea.  The  city  of  Antioch  is  about  five  leagues'  distance  from 
the  sea.  For  this  reason  they  sent  the  excellent  Bohemond  and 
Raymond,  count  of  St.  Gilles,  to  the  sea  with  only  sixty  horse- 
men, in  order  that  they  might  bring  mariners  to  aid  in  this  work. 
When,  however,  they  were  returning  to  us  with  those  mariners, 
the  Turks  collected  an  army,  fell  suddenly  upon  our  two  leaders 
and  forced  them  to  a  perilous  flight.  In  that  unexpected  flight 
we  lost  more  than  500  of  our  foot-soldiers — to  the  glory  of  God. 
Of  our  horsemen,  however,  we  lost  only  two,  for  certain. 


8  TRANSLATIONS   AND   REPRINTS. 

On  that  same  day  truly,  in  order  to  receive  our  brethren  with 
joy,  and  ignorant  of  their  misfortunes,  we  went  out  to  meet  them. 
When,  however,  we  approached  the  above-mentioned  gate  of  the 
city,  a  mob  of  horsemen  and  foot- soldiers  from  Antioch,  elated  by 
the  victory  which  they  had  won,  rushed  upon  us  in  the  same 
manner.  Seeing  these,  our  leaders  sent  to  the  camp  of  the  Chris- 
tians to  order  all  to  be  ready  to  follow  us  into  battle.  In  the 
meantime  our  men  gathered  together  and  the  scattered  leaders, 
namely,  Bohemond  and  Raymond,  with  the  remainder  of  their  army 
came  up  and  narrated  the  great  misfortune  which  they  had  suffered. 

Our  men,  full  of  fury  at  these  most  evil  tidings,  prepared  to  die 
for  Christ  and,  deeply  grieved  for  their  brethren,  rushed  upon 
the  sacrilegious  Turks.  They,  enemies  of  God  and  of  us,  hastily 
fled  before  us  and  attempted  to  enter  their  city.  But  by  God's 
grace  the  affair  turned  out  very  differently;  for,  when  they  wanted 
to  cross  a  bridge  built  over  the  great  river  Moscholum,  we  fol- 
lowed them  as  closely  as  possible,  killed  many  before  they  reached 
the  bridge,  forced  many  into  the  river,  all  of  whom  were  killed, 
and  we  also  slew  many  upon  the  bridge  and  very  many  at  the 
narrow  entrance  to  the  gate.  I  am  telling  you  the  truth,  my  be- 
loved, and  you  may  be  very  certain  that  in  this  battle  we  killed 
thirty  emirs,  that  is  princes,  and  three  hundred  other  Turkish 
nobles,  not  counting  the  remaining  Turks  and  pagans.  Indeed, 
the  number  of  Turks  and  Saracens  killed  is  reckoned  at  1,230, 
but  of  ours  we  did  not  lose  a  single  man. 

While  on  the  following  day  (Easter)  my  chaplain  Alexander 
was  writing  this  letter  in  great  haste,  a  party  of  our  men  lying  in 
wait  for  the  Turks,  fought  a  successful  battle  with  them  and 
killed  sixty  horsemen,  whose  heads  they  brought  to  the  army. 

These  which  I  write  to  you,  are  only  a  few  things,  dearest,  of 
the  many  which  we  have  done,  and  because  I  am  not  able  to  tell 
you,  dearest,  what  is  in  my  mind,  I  charge  you  to  do  right,  to 
carefully  watch  over  your  land,  to  do  your  duty  as  you  ought  to 
your  children  and  jrour  vassals.  You  will  certainly  see  me  just 
as  soon  as  I  can  possibly  return  to  you.  Farewell. 

3.  DAIMBERT,  GODFREY  AND  RAYMOND,  TO  THE  POPE. 

Laodicea,  September,  1099. 

Annales  Sancti  Disibodi  in  Mon.  Germ.  Hist.,  SS.,  xvii.,  17-18. 
See  Riant,  Lettres,  No.  cxliv,  and  Rohricht,  Regesta,  29.     Latin. 
To  lord  Paschal,  pope  of  the  Roman  church,  to  all  the  bishops, 


THE   FIRST  CRUSADE.  9 

and  to  the  whole  Christian  people,  from  the  archbishop  of  Pisa, 
duke  Godfrey,  now,  by  the  grace  of  God,  defender  of  the  church 
of  the  Holy  Sepulchre,  Raymond,  count  of  St.  Gilles,  and  the 
whole  army  of  God,  which  is  in  the  land  of  Israel,  greeting. 

Multiply  your  supplications  and  prayers  in  the  sight  of  God 
with  joy  and  thanksgiving,  since  God  has  manifested  His  mercy 
in  fulfilling  by  our  hands  what  He  had  promised  in  ancient  times. 
For  after  the  capture  of  Nicaea,  the  whole  army,  made  up  of 
more  than  three  hundred  thousand  soldiers,  departed  thence. 
And,  although  this  army  was  so  great  that  it  could  have  in  a 
single  day  covered  all  Romania  and  drunk  up  all  the  rivers  and 
eaten  up  all  the  growing  things,  yet  the  Lord  conducted  them 
amid  so  great  abundance  that  a  ram  was  sold  for  a  penny  and  an 
ox  for  twelve  pennies  or  less.  Moreover,  although  the  princes 
and  kings  of  the  Saracens  rose  up  against  us,  yet,  by  God's  will, 
they  were  easily  conquered  and  overcome.  Because,  indeed, 
some  were  puffed  up  by  these  successes,  God  opposed  to  us 
Antioch,  impregnable  to  human  strength.  And  there  He  de- 
tained us  for  nine  mouths  and  so  humbled  us  in  the  siege  that 
there  were  scarcely  a  hundred  good  horses  in  our  whole  army. 
God  opened  to  us  the  abundance  of  His  blessing  and  mercy  and 
led  us  into  the  city,  and  delivered  the  Turks  and  all  of  their 
possessions  into  our  power. 

Inasmuch  as  we  thought  that  these  had  been  acquired  by  our 
own  strength  and  did  not  worthily  magnify  God  who  had  done 
this,  we  were  beset  by  so  great  a  multitude  of  Turks  that  no  one 
dared  to  venture  forth  at  any  point  from  the  city.  Moreover, 
hunger  so  weakened  us  that  some  could  scarcely  refrain  from 
eating  human  flesh.  It  would  be  tedious  to  narrate  all  the  mis- 
eries which  we  suffered  in  that  city.  But  God  looked  down  upon 
His  people  whom  He  had  so  long  chastised  and  mercifully  con- 
soled them.  Therefore,  He  at  first  revealed  to  us,  as  a  recom- 
pense for  our  tribulation  and  as  a  pledge  of  victory,  His  lance 
which  had  lain  hidden  since  the  days  of  the  apostles.  Next,  He 
so  fortified  the  hearts  of  the  men,  that  they  who  from  sickness  or 
hunger  had  been  unable  to  walk,  now  were  endued  with  strength 
to  seize  their  weapons  and  manfully  to  fight  against  the  enemy. 

After  we  had  triumphed  over  the  enemy,  as  our  army  was 
wasting  away  at  Antioch  from  sickness  and  weariness  and  was 
especially  hindered  \>y  the  dissensions  among  the  leaders,  we  pro- 


10  TRANSLATIONS  AND   REPRINTS. 

ceeded  into  Syria,  stormed  Barra  and  Marra,  cities  of  the  Sara- 
cens, and  captured  the  fortresses  in  that  country.  And  while  we 
were  delaying  there,  there  was  so  great  a  famine  in  the  army  that 
the  Christian  people  now  ate  the  putrid  bodies  of  the  Saracens. 
Finally,  by  the  divine  admonition,  we  entered  into  the  interior 
of  Hispania,1  and  the  most  bountiful,  merciful  and  victorious 
hand  of  the  omnipotent  Father  was  with  us.  For  the  cities  and 
fortresses  of  the  country  through  which  we  were  proceeding  sent 
ambassadors  to  us  with  many  gifts  and  offered  to  aid  us  and  to 
surrender  their  walled  places.  But  because  our  army  was  not 
large  and  it  was  the  unanimous  wish  to  hasten  to  Jerusalem,  we 
accepted  their  pledges  and  made  them  tributaries.  One  of  the 
cities  forsooth,  which  was  on  the  sea-coast,  had  more  men  than 
there  were  in  our  whole  army.  And  when  those  at  Antioch  and 
Laodicea  and  Archas  heard  how  the  hand  of  the  Lord  was  with 
us,  many  from  the  army  who  had  remained  in  those  cities  fol- 
lowed us  to  Tyre.  Therefore,  with  the  Lord's  companionship 
and  aid,  we  proceeded  thus  as  far  as  Jerusalem. 

And  after  the  army  had  suffered  greatly  in  the  siege,  especially 
on  account  of  the  lack  of  water,  a  council  was  held  and  the  bishops 
and  princes  ordered  that  all  with  bare  feet  should  march  around 
the  walls  of  the  city,  in  order  that  He  who  entered  it  humbly  in 
our  behalf  might  be  moved  by  our  humility  to  open  it  to  us  and  to 
exercise  judgment  upon  His  enemies.  God  was  appeased  by  this 
humility  and  on  the  eighth  day  after  the  humiliation  He  delivered 
the  city  and  His  enemies  to  us.  It  was  the  day  indeed  on  which 
the  primitive  church  was  driven  thence,  and  on  which  the  festival 
of  the  dispersion  of  the  apostles  is  celebrated.  And  if  you  desire 
to  know  what  was  done  with,  the  enemy  who  were  found  there, 
know  that  in  Solomon's  Porch  and  in  his  temple  our  men  rode  in 
the  blood  of  the  Saracens  up  to  the  knees  of  their  horses. 

Then,  when  we  were  considering  who  ought  to  hold  the  city, 
and  some  moved  by  love  for  their  country  and  kinsmen  wished  to 
return  home,  it  was  announced  to  us  that  the  king  of  Babylon 
had  come  to  Ascalon  with  an  innumerable  multitude  of  soldiers. 
His  purpose  was,  as  he  said,  to  lead  the  Franks,  who  were  in 

1  "Hispania  designates  the  region  on  the  right  bank  of  the  Orontes  which 
stretches  towards  the  east,  the  ancient  Apamea  and  Chalcidice."  Hagen- 
meyer  in  Forschungen  zur  deutschen  Geschichte,  Vol.  xiii,  p.  407. 


THE   FIRST  CRUSADE.  II 

Jerusalem,  into  captivity,  and  to  take  Antioch  by  storm.  But 
God  had  determined  otherwise  in  regard  to  us. 

Therefore,  when  we  learned  that  the  army  of  the  Babylonians 
was  at  Ascalon,  we  went  down  to  meet  them,  leaving  our  baggage 
and  the  sick  in  Jerusalem  with  a  garrison.  When  our  army  was 
in  sight  of  the  enemy,  upon  our  knees  we  invoked  the  aid  of  the 
Lord,  that  He  who  in  our  other  adversities  had  strengthened  the 
Christian  faith,  might  in  the  present  battle  break  the  strength  of 
the  Saracens  and  of  the  devil  and  extend  the  kingdom  of  the 
church  of  Christ  from  sea  to  sea,  over  the  whole  world.  There 
was  no  delay;  God  was  present  when  we  cried  for  His  aid,  and 
furnished  us  with  so  great  boldness,  that  one  who  saw  us  rush 
upon  the  enemy  would  have  taken  us  for  a  herd  of  deer  hastening 
to  quench  their  thirst  in  running  water.  It  was  wonderful,  in- 
deed, since  there  were  in  our  army  not  more  than  5,000  horsemen 
and  15,000  foot-soldiers,  and  there  were  probably  in  the  enemy's 
army  100,000  horsemen  and  400,000  foot-soldiers.  Then  God  ap- 
peared wonderful  to  His  servants.  For  before  we  engaged  in 
fighting,  by  our  very  onset  alone,  He  turned  this  multitude  in 
flight  and  scattered  all  their  weapons,  so  that  if  they  wished  after- 
wards to  attack  us,  they  did  not  have  the  weapons  in  which  they 
trusted.  There  can  be  no  question  how  great  the  spoils  were, 
since  the  treasures  of  the  king  of  Babylon  were  captured.  More 
than  100,000  Moors  perished  there  by  the  sword.  Moreover,  their 
panic  was  so  great  that  about  2,000  were  suffocated  at  the  gate  of 
the  city.  Those  who  perished  in  the  sea  were  innumerable. 
Many  were  entangled  in  the  thickets.  The  whole  world  was 
certainly  fighting  for  us,  and  if  many  of  ours  had  not  been  detained 
in  plundering  the  camp,  few  of  the  great  multitude  of  the  enemy 
would  have  been  able  to  escape  from  the  battle. 

And  although  it  may  be  tedious,  the  following  must  not  be 
omitted  :  On  the  day  preceding  the  battle  the  army  captured  many 
thousands  of  camels,  oxen  and  sheep.  By  the  command  of  the 
princes  these  were  divided  among  the  people.  When  we  advanced 
to  battle,  wonderful  to  relate,  the  camels  formed  in  many  squad- 
rons and  the  sheep  and  oxen  did  the  same.  Moreover,  these 
animals  accompanied  us,  halting  when  we  halted,  advancing  when 
we  advanced,  and  charging  when  we  charged.  The  clouds  pro- 
tected us  from  the  heat  of  the  sun  and  cooled  us. 

Accordingly,  after  celebrating  the  victory,  the  army  returned  to 


12  TRANSLATIONS  AND   REPRINTS. 

Jerusalem.  Duke  Godfrey  remained  there ;  the  count  of  St.  Gilles, 
Robert,  count  of  Normandy,  and  Robert,  count  of  Flanders,  re- 
turned to  Laodicea.  There  they  found  the  fleet  belonging  to  the 
Pisans  and  to  Bohemond.  After  the  archbishop  of  Pisa  had  es- 
tablished peace  between  Bohemond  and  our  leaders,  Raymond 
prepared  to  return  to  Jerusalem  for  the  sake  of  God  and  his 
brethren. 

Therefore,  we  call  upon  you  of  the  catholic  church  of  Christ 
and  of  the  whole  Latin  church  to  exult  in  the  so  admirable 
bravery  and  devotion  of  your  brethren,  in  the  so  glorious  and 
very  desirable  retribution  of  the  omnipotent  God,  and  in  the  so 
devoutedly  hoped-for  remission  of  all  our  sins  through  the  grace 
of  God.  And  we  pray  that  He  may  make  you — namely,  all 
bishops,  clerks  and  monks  who  are  leading  devout  lives,  and  all 
the  laity— to  sit  down  at  the  right  hand  of  God,  who  liveth  and 
reigneth  God  for  ever  and  ever.  And  we  ask  and  beseech  you  in 
the  name  of  our  Lord  Jesus,  who  has  ever  been  with  us  and  aided 
us  and  freed  us  from  all  our  tribulations,  to  be  mindful  of  your 
brethren  who  return  to  you,  by  doing  them  kindnesses  and  by  pay- 
ing their  debts,  in  order  that  God  may  recompense  you  and  ab- 
solve you  from  all  your  sins  and  grant  you  a  share  in  all  the  bless- 
ings which  either  we  or  they  have  deserved  in  the  sight  of  the 
Lord.  Amen. 

II.     THE  SECOND  CRUSADE. 

These  letters  were  written  as  official  bulletins,  in  order  to  set  before  the 
German  people  the  disastrous  events  of  the  crusade  in  the  light  most  favor- 
able to  the  German  participants.  See  especially  Kugler :  Studien  zur 
Geschichte  des  zweiten  Kreuzzuges. 

\.  CONRAD  III   TO  WIBALD,  ABBOT  OF  CORVEY,  1148. 
Bouquet:  Recueil  des  historiens  des  Gaules  et  de  la  France,  xv,  p.  533. 
I/atin. 

Conrad,  by  the  grace  of  God,  king  of  the  Romans,  to  venerable 
Wibald,  abbot  of  Corvey  and  Stavelot — his  most  kind  greeting. 

Because  we  have  very  frequently  realized  your  faithfulness, 
proven  in  many  trials,  to  us  and  to  our  kingdom,  we  do  not  doubt 
that  you  will  rejoice  greatly,  if  you  hear  of  the  state  of  our  pros- 
perity. We,  therefore,  announce  to  your  faithfulness  that  when 
we  had  reached  Nicaea  with  our  army  entire  and  strong,  wishing 
to  complete  our  journey  quickly,  we  hastened  to  set  out  for  Icon- 


THE  SECOND   CRUSADE.  13 

ium  under  the  guidance  of  men  who  knew  the  road.  We  carried 
with  us  as  many  necessities  as  possible.  And  behold,  when  ten 
days  of  the  journey  were  accomplished  and  the  same  amount  re- 
mained to  be  traversed,  food  for  the  whole  host  had  almost  given 
out,  but  especially  for  the  horses.  At  the  same  time  the  Turks 
did  not  cease  to  attack  and  slaughter  the  crowd  of  foot-soldiers 
who  were  unable  to  follow  the  army.  We  pitied  the  fate  of  our 
suffering  people,  perishing  by  famine  and  by  the  arrows  of  the 
enemy;  and,  by  the  advice  of  our  princes  and  barons,  we  led  the 
army  back  from  that  desert  land  to  the  sea,  in  order  that  it  might 
regain  its  strength.  We  preferred  to  preserve  the  army  for 
greater  achievements  rather  than  to  win  so  bloody  a  victory  over 
archers. 

When,  indeed,  we  had  reached  the  sea  and  had  pitched  our 
tents  and  did'  not  expect  quiet  amid  so  great  a  storm,  to  our  de- 
light the  king  of  France  came  to  our  tents,  wholly  unexpectedly. 
He  grieved,  indeed,  that  our  army  was  exhausted  by  hunger  and 
toil,  but  he  took  great  delight  in  our  company.  Moreover,  he 
himself  and  all  his  princes  offered  their  services  faithfully  and  de- 
voutly to  us  and  furnished  for  our  use  their  money  especially,  and 
whatever  else  they  had.  They  joined  themselves,  therefore,  to 
our  forces  and  princes.  Some  of  the  latter  had  remained  with  us, 
and  others,  either  sick  or  lacking  money,  had  not  been  able  to 
follow  and  had  accordingly  withdrawn  from  the  army. 

We  proceeded  without  any  difficulty  as  far  as  St.  John's,  where 
his  tomb  with  the  manna  springing  from  it  is  seen,  in  order  that 
we  might  there  celebrate  the  Nativity  of  our  Lord.  Having 
rested  there  some  days  to  recover  our  health,  inasmuch  as  sick- 
ness had  seized  on  us  and  many  of  our  men,  we  wanted  to  pro- 
ceed; but  weakened  by  our  illness  we  were  wholly  unable  to  do  so. 
The  king,  therefore,  departed  with  his  army,  after  having  waited 
for  us  as  long  as  possible;  but  a  long  sickness  detained  us. 

When  our  brother,  the  emperor  of  Greece,  heard  of  this,  he  was 
greatly  grieved,  and  with  our  daughter,  the  most  beloved  em- 
press, his  wife,  he  hastened  to  come  to  us.  And,  liberally  giving 
to  us  and  our  princes  his  money  and  the  necessities  for  our  jour- 
ney, he  led  us  back,  as  it  were,  by  force,  to  his  palace  at  Con- 
stantinople, in  order  that  we  might  be  the  more  speedily  cured  by 
his  physicians.  There  he  showed  to  us  as  much  honor  as,  to  our 
knowledge,  was  ever  shown  to  any  one  of  our  predecessors. 


14  TRANSLATIONS  AND   REPRINTS. 

Thence  we  hastened  to  set  out  for  Jerusalem  on  Quadragesima 
Sunday,  in  order  to  collect  there  a  new  army  and  to  proceed  to 
Rohas. 

Moreover,  that  God  may  deign  to  make  our  journey  prosperous, 
we  ask  that  you  and  your  brethren  will  pray  for  us  and  will 
order  all  Christians  to  do  the  same.  And  we  entrust  our  son  to 
your  fidelity. 

2.  CONRAD  III.  TO  WIBALD,  ABBOT  OF  CORVEY,  1148. 
Bouquet:  Recueil,  xv,  p.  534.     Latin. 

Conrad,  by  the  grace  of  God,  august  king  of  the  Romans,  to 
venerable  Wibald,  abbot  of  Corvey, — his  most  kind  greeting. 

Because  we  know  that  you  especially  desire  to  hear  from  us  and 
to  learn  the  state  of  our  prosperity,  we  think  it  fitting  first  to  tell 
you  of  this.  By  God's  mercy  we  are  in  good  health  and  we  have 
embarked  in  our  ships  to  return  on  the  festival  of  the  blessed 
Virgin  in  September,  after  having  accomplished  in  these  lands  all 
that  God  willed  and  the  people  of  the  country  permitted. 

Let  us  now  speak  of  our  troops.  When  following  the  advice 
of  the  common  council  we  had  gone  to  Damascus  and  after  a 
great  deal  of  trouble  had  pitched  our  camps  before  the  gate  of 
the  city,  it  was  certainly  near  being  taken.  But  certain  ones, 
whom  we  least  suspected,  treasonably  asserted  that  the  city  was 
impregnable  on  that  side  and  hastily  led  us  to  another  position 
where  no  water  could  be  supplied  for  the  troops  and  where  access 
was  impossible  to  any  one.  And  thus  all,  equally  indignant  and 
grieved,  returned,  leaving  the  undertaking  uncompleted.  Never- 
theless, they  all  promised  unanimously  that  they  would  make  an 
expedition  against  Ascalon,  and  they  set  the  place  and  time. 
Having  arrived  there  according  to  agreement,  we  found  scarcely 
an}'  one.  In  vain  we  waited  eight  days  for  the  troops.  Deceived 
a  second  time,  we  turned  to  our  own  affairs. 

In  brief  therefore,  God  willing,  we  shall  return  to  you.  We 
render  to  you  the  gratitude  which  you  deserve  for  your  care  of  our 
son  and  for  the  very  great  fidelity  which  you  have  shown  to  us. 
And  with  the  full  intention  of  worthily  rewarding  your  services, 
we  ask  you  to  continue  the  same. 


THE   DECLINE   AND   FALL   OF  JERUSALEM.  15 

III.     THE  DECLINE  AND  FALL  OF  JERUSALEM. 

After  the  second  crusade  it  was  difficult  to  arouse  enthusiasm  in  the  West. 
Many  letters  were  written  begging  piteously  for  aid.  In  the  meantime  affairs 
in  the  Holy  Land  went  from  bad  to  worse.  Owing  to  the  policy  of  the  Christ- 
ians, Noureddin  had  been  allowed  to  get  a  strong  foothold  in  Egypt.  But  dis- 
sensions arose  between  his  general  and  the  vizier  of  Egypt,  and  the  latter 
called  on  the  king  of  Jerusalem  for  aid.  While  Amalric,  profiting  by  this 
chance,  was  carrying  on  a  successful  campaign  in  Egypt,  the  events  re- 
corded in  the  first  letter  took  place.  See  Kugler  :  Geschichte  der  Kreuzziige 
pp.  167-169. 

The  second  letter  gives  the  most  reliable  account  of  the  events  which 
decided  the  fate  of  the  kingdom  of  Jerusalem.  It  is  without  pretence  to 
literary  style,  and  the  spelling  is  very  bad.  In  the  text  the  proper  names 
are  spelled  as  in  the  original  letter.  The  forms  in  brackets  have  been 
adopted  from  Key's  Colonies  franques  de  Syrie  aux  Xllnte  et  XIII  si  ides 
(Paris  1883),  and  Guy  Le  Strangers  Palestine  under  the  Moslems  (Boston  and 
New  York,  1890).  The  rapidity  of  Saladin's  success  and  the  hopelessness  of 
the  Christians  are  well  brought  out.  See  Wilken;  Geschichte  der  Kreuz- 
zuge, Vol.  Ill,  ii,  pp.  274,  ff. 

i.  AYMERIC,  PATRIARCH  OF  ANTIOCH,  TO  Louis  VII.  OF  FRANCE. 

Antioch,  1164. 
Bouquet :  Recueil,  xvi,  p.  61.     Latin. 

Aymeric,  by  the  grace  of  God,  patriarch  of  the  holy  Apostolic 
See  of  Antioch,  to  L,ouis,  illustrious  king  of  the  French, — greet- 
ing and  Apostolic  benediction. 

It  would  be  fitting  that  we  should  always  write  joyful  tidings 
to  his  royal  majesty  and  should  increase  the  splendor  of  his  heart 
by  the  splendor  and  delight  of  our  words.  But  the  reverse  has 
ever  been  our  lot.  The  causes  for  tears,  forsooth,  are  constant,  the 
grief  and  the  groaning  are  continuous,  and  we  are  unable  to  speak 
except  of  what  concerns  us.  For  the  proverb  says  :  ' '  Where  the 
grief  is,  there  is  also  the  tongue  and  hand."  The  deaths  of  the 
Christians  are  frequent  and  the  captures  which  we  see  daily. 
Moreover,  the  wasting  away  of  the  church  in  the  East  afflicts  with 
ineradicable  grief  us  who,  tortured  internally  even  to  our  destruc- 
tion, are  dying  while  living  in  anguish  of  soul,  and,  leading  a  life 
more  bitter  than  death,  as  a  culmination  of  our  miseries,  are  wholly 
unable  to  die.  Nor  is  there  any  one  who  turns  his  heart  towards 
us  and  out  of  pity  directs  his  hand  to  aid  us.  But  not  to  protract 
our  words,  the  few  Christians  who  are  here  cry  out  to  you,  to- 
gether with  us,  and  implore  your  clemency,  which  with  God's 


1 6  TRANSLATIONS  AND  REPRINTS. 

assistance  is  sufficient  to  liberate  us  and  the  church  of  God  in  the 
East. 

And  now  we  will  tell  you  of  all  the  events  which  have  hap- 
pened to  us.  In  the  Lent  which  has  just  passed,  a  certain  one 
[Noureddin]  of  the  men  who  are  about  us,  who  is  held  as  chief 
among  the  Saracens,  and  who  oppresses  our  Christian  population 
far  more  than  all  who  have  gone  before,  and  the  leader  of  his 
army  [Schirkuh]  having  gotten  possession  of  Damascus,  the  latter 
entered  Egypt  with  a  great  force  of  Turks,  in  order  to  conquer 
the  country.  Accordingly,  the  king  of  Egypt,  who  is  also  called 
the  sultan  of  Babylon,  distrusting  his  own  valor  and  that  of  his 
men,  held  a  most  warlike  council  to  determine  how  to  meet  the 
advancing  Turks  and  how  he  could  obtain  the  aid  of  the  king  of 
Jerusalem.  For  he  wisely  preferred  to  rule  under  tribute  rather 
than  to  be  deprived  of  both  life  and  kingdom. 

The  former,  therefore,  as  we  have  said,  entered  Egypt,  and 
favored  by  certain  men  of  that  land,  captured  and  fortified  a  cer- 
tain city.  In  the  meantime  the  sultan  made  an  alliance  with  the 
lord  king  [Amalric]  by  promising  to  pay  tribute  each  year  and  to 
release  all  the  Christian  captives  in  Egypt,  and  obtained  the  aid 
of  the  lord  king.  The  latter,  before  setting  out,  committed  the 
care  of  his  kingdom  and  land,  until  his  return,  to  us  and  to  our 
new  prince,  his  kinsman  Bohemond,  son  of  the  former  prince 
Raymond. 

Therefore,  the  great  devastator  of  the  Christian  people,  who 
rules  near  us,  collected  together  from  all  sides  the  kings  and  races 
of  the  infidels  and  offered  a  peace  and  truce  to  our  prince,  and 
very  frequently  urged  it.  His  reason  was  that  he  wished  to 
traverse  our  land  with  greater  freedom  in  order  to  devastate  the 
kingdom  of  Jerusalem  and  to  be  able  to  bear  aid  to  his  vassal 
fighting  in  Egypt.  But  our  prince  was  unwilling  to  make  peace 
with  him  until  the  return  of  our  lord  king. 

When  the  former  saw  that  he  was  not  able  to  accomplish  what 
he  had  proposed,  full  of  wrath,  he  turned  his  weapons  against  us 
and  laid  siege  to  a  certain  fortress  of  ours,  called  Harrenc,  twelve 
miles  distant  from  our  city.  But  those  who  were  besieged — 7,000 
in  number,  including  warriors,  men  and  women — cried  loudly  to 
us,  ceasing  neither  day  nor  night,  to  have  pity  on  them,  and  fixed 
a  day  beyond  which  it  would  be  impossible  for  them  to  hold  out. 
Our  prince  having  collected  all  his  forces  set  out  from  Antioch  on 


THE  DECLINE  AND   FALL  OF  JERUSALEM.  17 

the  day  of  St.  Lawrence  and  proceeded  as  far  as  the  fortress  in 
entire  safety.  For  the  Turks  in  their  cunning  gave  up  the  siege 
and  withdrew  a  short  distance  from  the  fortress  to  some  narrow 
passes  in  their  own  country. 

On  the  next  day  our  men  followed  the  enemy  to  that  place  and, 
while  they  were  marching  without  sufficient  circumspection, 
battle  was  engaged  and  they  fled.  The  conflict  was  so  disastrous 
that  hardly  any  one  of  ours  of  any  rank  escaped,  except  a  few 
whom  the  strength  of  their  horses  or  some  lucky  chance  rescued 
from  the  tumult.  Those  captured  were  our  prince  [Bohemond 
III],  the  count  of  Tripoli  [Raymond  II],  a  certain  Greek,  Cala- 
man,1  a  duke  of  illustrious  lineage,  Mamistrensis,  Hugh  of 
Lesiniaco,  and  some  of  the  brethren  of  the  Templars  and  Hos- 
pitalers who  had  come  from  the  county  of  Tripoli  with  the  count. 
Of  the  people,  some  were  killed,  others  captured;  very  few  es- 
caped; men,  horses  and  weapons  were  almost  entirely  destroyed. 

After  the  slaughter  of  the  Christians  the  Turks  returned  to  the 
above-mentioned  fortress,  captured  it,  and  by  compact  conducted 
the  feeble  multitude  of  women,  children  and  wounded  as  far  as 
Antioch.  Afterwards  they  advanced  to  the  city,  devastated  the 
whole  country  as  far  as  the  sea  with  fire  and  sword  and  exercised 
their  tyranny  according  to  their  lusts  on  everything  which  met 
their  eyes. 

God  is  a  witness  that  the  remnant  which  is  left  us  is  in  no  way 
sufficient  to  guard  the  walls  night  and  day,  and  owing  to  the 
scarcity  of  men,  we  are  obliged  to  entrust  their  safety  and  defense 
to  some  whom  we  suspect.  Neglecting  the  church  services,  the 
clergy  and  presbyters  guard  the  gates.  We  ourselves  are  look- 
ing after  the  defense  of  the  walls  and,  as  far  as  possible,  are  re- 
pairing, with  great  and  unremitting  labor,  the  many  portions 
which  have  been  broken  down  by  earthquakes.  And  all  this  in 
vain,  unless  God  shall  look  upon  us  with  a  more  kindly  coun- 
tenance. For  we  do  not  hope  to  hold  out  longer,  inasmuch  as 
the  valor  of  the  men  of  the  present  day  has  been  exhausted  and 
is  of  no  avail.  But  we  do,  in  order  that  whatever  can  be  done 
may  not  be  left  undone  by  us. 

Above  all,  the  only  anchor  which  is  left  in  this  extremity  for 
our  hope  is  in  you.  Because  we  have  heard  from  everybody  of 

1  Governor  of  Cilicia,  in  the  service  of  the  Greek  Emperor. 
2 


1 8  TRANSLATIONS   AND   REPRINTS. 

your  greatness,  because  we  have  understood  that  you,  more  than 
all  the  other  kings  of  the  West,  always  have  the  East  in  mind. 
From  that  we  are  given  to  understand  that  your  joy  will  not  be 
full  until  you  accomplish  at  some  time  what  we  are  unable 
through  our  misdeeds  to  accomplish.  And  it  is  our  hope  that  by 
your  hand  the  L/ord  will  visit  His  people  and  will  have  com- 
passion on  us. 

May  the  sighings  and  groanings  of  the  Christians  enter  the  ear 
of  the  most  high  and  incomparable  prince;  may  the  tortures  and 
griefs  of  the  captives  strike  his  heart !  And,  not  to  make  our 
letter  too  long,  lest  we  should  waste  away  in  this  vain  hope  and 
be  for  a  long  time  consumed  by  the  shadow  of  death,  may  his 
royal  majesty  deign  to  write  to  us  and  tell  us  his  pleasure. 
Whatever  we  undergo  by  his  command  will  not  be  difficult  for 
us.  May  our  Lord  Jesus  Christ  increase  in  the  heart  of  the  king 
the  desire  which  we  desire,  and  may  He  in  whose  hand  are  the 
hearts  of  kings  enkindle  that  heart !  Amen. 

2.  LETTER  FROM  THE  EAST  TO  MASTER  OF  HOSPITALERS,  1187. 
Ansbert  in  Fontes  Rerum  Austriac.     i  Abth.,  Vol.  V,  p.  2.     Latin. 
Reprinted  in  Beylagen  to  Wilken:  Geschichte  der  Kreuzziige,  Vol.  IV, 
PP-  93-94- 

We  make  known  to  you,  lord  Archambault,  master  of  the  Hos- 
pitalers in  Italy,  and  to  the  brethren,  all  the  events  which  have 
happened  in  the  countries  beyond  the  seas. 

Learn,  therefore,  that  the  king  of  Jerusalem  was  near  Saphora 
[Sephoria]  with  a  great  army  of  at  least  thirty  thousand  men 
about  the  festival  of  the  Apostles  Peter  and  Paul,  and  was  in  per- 
fect concord  with  the  count  of  Tripoli,  and  the  latter  was  with 
the  army.  And  behold  Saladin,  the  pagan  king,  approached 
Tabaria  [Tiberias]  with  eighty  thousand  horsemen  and  took 
Tabaria.  After  this  was  done  the  king  of  Jerusalem  left  Saphora 
and  went  with  his  men  drawn  up  against  Saladin.  And  Saladin 
came  against  him  near  Marestutia  [Marescallia]  on  the  Friday 
after  the  festival  of  the  Apostles  Peter  and  Paul.  Battle  was  en- 
gaged and  during  the  whole  day  they  fought  fiercely,  but  night 
interrupted  the  strife.  In  the  intervening  night  the  king  of  Jeru- 
salem fixed  his  tents  near  Salnubia,  and  on  the  next  day,  Satur- 
day, moved  with  his  army. 

About  the  third  hour  the  master  of  the  Templars,  with  all  his 
brethren,  began  the  battle.  They  received  no  aid  and,  by  God's 


THE  DECLINE  AND   FALL  OF  JERUSALEM.  ig 

permission,  lost  the  greater  portion  of  their  men.  After  this  hap- 
pened, the  king,  by  hard  fighting  and  with  great  difficulty,  went 
with  his  army  to  Nairn,  about  a  league  distant,  and  then  the 
count  of  Tripoli  came  to  the  king  and  made  him  pitch  his  tents 
near  the  mountain,  which  is  a  sort  of  fortress,  and  they  were  not 
able  to  pitch  more  than  three  tents.  After  this  was  done,  the 
Turks  seeing  that  they  had  pitched  their  tents,  kindled  fires 
around  the  army  of  the  king,  and,  in  truth,  the  heat  was  so  great 
that  the  horsemen  were  baking  and  were  not  able  to  eat  or  drink. 
Next,  Baldwin  of  Fatinor,  Bacbaberboc  of  Tabaria  and  Leisius, 
with  three  other  associates,  separated  themselves  from  the  army, 
went  over  to  Saladin  and— a  thing  which  is  grievous  to  relate — 
denied  their  faith,  surrendered  themselves  to  him,  and  betrayed 
to  him  the  army  of  the  king  of  Jerusalem,  by  revealing  the  diffi- 
cult position  in  which  it  was. 

Therefore  Saladin  sent  against  us  Techedin  [Taki-Eddin]  with 
twenty  thousand  chosen  soldiers  who  rushed  upon  our  army,  and 
the  battle  raged  very  fiercely  from  the  ninth  hour  to  vespers.  And, 
because  of  our  sins,  very  tnanj^  of  ours  were  killed,  the  Christian 
people  were  conquered,  the  king  was  captured,  and  the  holy  cross 
and  count  Gabula  and  Milo  of  Colaterido  and  On/red  [Honfroy] 
the  youth,  and  prince  Reinald  [Reginald]  captured  and  killed. 
And  Walter  of  Arsun  and  Hugo  of  Gibelen  [Gibelin]  and  the  lord 
of  Botrono  [Botron]  and  the  lord  of  Marachele  and  a  thousand 
others  of  the  best,  captured  and  killed,  so  that  not  more  than  two 
hundred  of  the  horsemen  and  soldiers  escaped.  The  count  of 
Tripoli,  lord  Basian  and  R.  [Reginald],  the  lord  of  Sidon, 
escaped. 

After  this  Saladin  collected  his  army  again  and  on  Sunday  came 
to  Saphora  and  took  Saphora  and  Nazareth,  and  Mount  Tabor, 
and  on  Monday  came  to  Aeon  [Acre],  which  is  also  called  Acris  ; 
and  those  in  Aeon  surrendered.  Likewise  those  of  Caifas  and 
those  of  Cesarea  [Caesarea]  and  of  Jafa  [Joppa],  and  of  Naple 
[Neapolis],  and  of  Ram  [Ramlah],  and  of  St.  George,  and  of 
Ybelinon  [Ibelin],  and  of  Belief ort  [Belfort],  and  of  Mirabel,  and 
of  Tyron  [Tyre],  and  of  Gwaler,  and  of  Gazer  [Gaza],  and  of 
Audurum  [Darum],  all  surrendered.  After  this,  when  our  galley 
moved  from  Sur  [Tyre],  they  sent  Sabaniio  Saladin  that  he  should 
go  to  Jerusalem  and  they  would  surrender  the  city.  And  we  fled 
with  the  galley  to  Lechia  [Laodkea],  and  we  heard  that  Tyre 


20  TRANSLATIONS   AND   REPRINTS. 

had  surrendered.  Moreover,  the  following  cities  are  still  safe 
and  are  awaiting  aid  from  the  western  Church ;  namely,  Jeru- 
salem, Sur,  Scalona  [Ascalon],  Marchat,  Antyochia  [Antioch], 
L/assar,  Saona,  Triplis  [Tripoli].  Moreover,  so  great  is  the  multi- 
tude of  the  Saracens  and  Turks  that  from  Tyre,  which  they  are 
besieging,  they  cover  the  face  of  the  earth  as  far  as  Jerusalem, 
like  an  innumerable  army  of  ants,  and  unless  aid  is  quickly 
brought  to  the  remaining  above-mentioned  cities  and  to  the  very 
few  Christians  remaining  in  the  East,  by  a  similar  fortune  they 
will  be  plundered  by  the  raging  infidels,  thirsting  for  the  blood  of 
the  Christians. 

IV.     THE  CRUSADE  OF  FREDERIC  I. 

To  protect  his  own  interest  from  the  crusaders,  the  Grecian  emperor  made 
an  alliance  with  Saladin.  This  made  the  former  a  greater  object  of  hatred 
than  ever  before.  In  the  first  crusade,  Alexius  had  been  suspected  and 
detested ;  Manuel  had  been  openly  blamed  for  the  failure  of  the  second 
crusade.  Now  in  the  third,  no  means  are  too  odious  to  be  attributed  to  the 
emperor  of  the  East.  In  a  few  years,  the  hatred  accumulated  for  more  than 
a  century  will  vent  itself  in  the  sack  of  Constantinople.  See  especially 
Riezler :  Kreuzzug  Kaiser  Friedrichs  I.  in  Forschungen  zur  deutscheu 
Geschichte,  Vol.  10. 

i.    FREDERIC  I.  TO  LEOPOLD  OF  AUSTRIA. 
Adrianople,  end  of  November,  n8g. 
Tageno  in  Freher  SS.  p.  410.     Latin. 

Frederic,  by  the  grace  of  God,  emperor  and  always  august,  to 
his  beloved  kinsman  L/eopold,  duke  of  Austria, — greeting  and  all 
good  wishes. 

We  thought  we  ought  to  tell  you,  because  of  your  love  for  us, 
that  our  brother,  the  emperor  of  Constantinople,  although  he 
ought  to  have  been  bound  by  brotherly  love,  has  from  the  very 
first  violated  all  the  oaths  which  are  known  to  have  been  sworn 
by  his  chancellor  at  Nuremberg,  in  the  presence  of  the  princes  of 
the  empire,  in  regard  to  our  security  on  the  march,  and  markets 
and  exchanges.  Moreover,  he  has  seized  and  iguominiously 
thrown  into  prison  our  ambassadors,  the  bishop  of  Munster,  count 
Rupert1  and  Markward,  our  chamberlain,  together  with  all  their 
attendants,  whom  we  had  sent  to  confirm  the  peace  and  to  arrange 
for  our  peaceful  march  on  this  expedition  of  the  quickening 

'Of  Nassau. 


THE   CRUSADE   OF  FREDERICK   I.  21 

cross.  At  length,  however,  after  long  negotiations,  grievously 
delaying  our  march  until  the  dangerous  winter  season,  he  has 
sent  back  to  our  excellency  the  aforesaid  ambassadors  on  the  feast 
of  St.  Simon  and  St.  Jude,  as  if  matters  had  been  satisfactorily 
arranged,  and  he  has  again  promised  us  good  markets,  the  usual 
exchanges  and  an  abundance  of  vessels. 

Truly,  because  the  burnt  child  dreads  the  fire,  we  can  in  the 
future  have  no  confidence  in  the  words  and  oaths  of  the  Greeks. 
In  order  to  avoid  the  stormy  winter  season,  we  propose  to  stay 
uutil  spring  at  Philippopolis  and  Adrianople,  and  to  cross  over  to 
Constantinople  in  the  favorable  season.  Therefore,  although  we 
rejoice  in  a  well-equipped  army,  yet  we  must  seek  divine  succour 
in  our  prayers.  For  these  reasons  we  ask  and  desire  of  your  love, 
that  in  your  prayers  and  pious  devotions  you  commend  us  and  the 
whole  army  of  the  crusaders  to  God.  In  addition  we  ask  of  your 
prudence  to  see  that  the  letters  which  we  send  to  the  pope  reach 
him  through  your  aid  and  exertions,  because  you  can  arrange  this 
more  successfully  than  anyone  else. 

2.  SIBYU.A,  Ex  QUEEN  OK  JERUSALEM  TO  FREDERIC  I.    1189. 

Tageno  in  Freher,  SS.  I,  p.  410.     Rohricht.  Regesta,  681.     Latin. 

To  her  venerable  and  most  illustrious  lord  Frederic,  by  the 
grace  of  God,  most  victorious  emperor  of  Rome  and  most  friendly 
champion  of  the  Holy  Cross,  Sibylla,  formerly  queen  of  Jerusalem, 
his  most  humble  servant,  greatly  humiliated  in  the  name  of  the 
Lord. 

Spare  the  humble  and  conquer  the  proud.  I,  your  most  humble 
maid-servant — as  I  said  above — am  compelled  to  tell  your  high- 
ness and  supreme  excellency  of  the  grief  of  the  whole  city  and  of 
the  disgrace  of  the  sacred  Christians.  For  the  emperor  of  Con- 
stantinople, the  persecutor  of  the  church  of  God,  has  entered  into 
a  conspiracy  with  Saladin,  the  seducer  and  destroyer  of  the  holy 
Name,  against  the  name  of  our  Lord  Jesus  Christ. 

I  tell  this,  which  I  am  indeed  not  able  to  say  without  tears. 
Saladin,  the  aforesaid  enemy  of  Christ,  has  sent  to  the  Greciati 
emperor  and  the  persecutor  of  the  holy  Name  many  presents  very 
pleasing  to  mortals,  in  order  to  make  a  compact  and  agreement. 
And  for  the  slaughter  and  destruction  of  the  Christians  wishing 
to  exalt  the  name  of  God,  he  sent  600  measures  of  poisoned  grain 
and  added  a  very  large  vase  of  wine,  filled  with  such  a  malignant 


22  TRANSLATIONS  AND   REPRINTS. 

poison  that  when  he  wanted  to  try  its  efficacy  he  called  a  man, 
who  was  killed  by  the  odor  alone  when  the  vase  was  opened. 

Along  with  the  rest  I  am  compelled  to  tell  niy  lord  another 
thing  :  the  aforesaid  emperor,  in  order  to  increase  our  misfortunes 
and  magnify  the  destruction  of  the  Christians,  does  not  permit 
wheat  or  other  necessary  victuals  to  be  carried  from  his  country 
to  Jerusalem.  Wherefore,  the  wheat  whi9h  might  be  sent  by  him- 
self and  others,  is  also  shut  up  in  the  city  of  Constantinople. 

However,  at  the  end  of  this  tearful  epistle,  I  tell  you  truthfully 
that  you  ought  to  believe  the  most  faithful  bearer  of  this  letter. 
For  he  himself  witnesses  what  he  has  seen  with  his  own  eyes  and 
heard  with  his  own  ears.  This  is  the  reason  that  with  my  head 
bowed  to  the  ground  and  with  bent  knees,  I  ask  your  Magnifi- 
cence that  inasmuch  as  you  are  the  head  of  the  world  and  the 
wall  of  the  house  of  Israel,  you  should  never  believe  the  Grecian 
emDeror. 

V.     THE  GERMAN  CRUSADE. 

This  letter  shows  the  German  crusaders  iii  the  full  course  of  victory,  which 
was  so  soon  to  be  checked  by  the  death  of  Henry  VI.  See  Toeche:  Kaiser 
Heinrich  VI.  in  Jahrbucher  der  deutschen  Geschichte. 

i.  THE  DUKE  OF  LORRAINE  TO  THE  ARCHBISHOP  OF  COLOGNE,  1197. 
Annales  Colonienses  Maxiini  in  Mon.  Germ.  Hist.  SS.,  xvii,  805.     Latin. 

Since  we  know  that  you  rejoice  greatly  in  the  increase  of  our 
honor  and  in  the  prosperity  of  all  Christianity,  we  announce  to 
your  discretion  and  prudence  that  after  I  had  been  chosen  as  the 
chief  of  the  whole  army  by  the  princes  of  the  Roman 
empire  and  the  barons  of  the  kingdom  of  Jerusalem  and  the  com- 
mon people,  we  directed  our  march  toward  Beyroot,  by  the  advice 
of  the  princes  and  of  the  whole  army.  When  we  were  marching 
in  most  excellent  order  between  Tyre  and  Sidon,  on  the  night  of 
the  festival  of  St.  Severinus,  Saphadin  and  all  the  armies  of  Baby- 
lon and  Damascus  with  a  great  multitude  of  the  Saracens  appeared 
on  the  side  of  the  mountain ;  they  surrounded  our  army  from  the 
rear  as  far  as  the  sea-coast,  and  made  severe  and  continuous  attacks 
on  our  lines,  and  having  drawn  up  their  forces,  the  wicked  people 
exercised  against  us  all  their  strength.  Their  purpose  indeed 
was  to  pour  forth  all  their  strength  against  us  and  make  trial  of 
all  our  strength. 

But  God,  the  Protector  of  those  who  trust  in  Him,  and  who 


THE   FIFTH   CRUSADB.  23 

frees  the  poor  from  the  power  of  the  mighty,  snatched  His  poor 
from  the  hands  of  the  impious,  and  not  without  great  injury  to  the 
impious.  For,  forsooth,  they  left  there  the  lord  of  Sidon  and  very 
many  other  Saracens  dead,  and  since  then  they  have  never  dared 
to  attack  us.  Accordingly,  on  the  same  day  we  fixed  our  tents 
with  delight  above  the  river  of  Sidon.  Since,  moreover,  our  ships 
were  going  in  advance  of  the  army,  and  the  Saracens  who  dwelt 
in  the  fortress  of  Beyroot  saw  our  ships  coming,  terrified  by  fear, 
they  left  the  very  strongly  fortified  fortress  of  Beyroot.  And  on 
the  next  day  following  with  the  army  we  took  the  same  fortress, 
which  was  very  strongly  fortified,  without  any  difficulty. 

And  we  found  in  the  fortress  so  many  weapons  of  arbalisters 
and  bowmen  that  twenty  wagons  could  scarcely  carry  them,  and 
so  many  victuals  that  they  were  sufficient  for  500  men  for  seven 
years.  Moreover,  after  we  had  made  a  stay  of  twenty  days  in  that 
place,  other  Saracens  fearing  our  approach  deserted  the  fortress 
which  is  called  Gibel  [Gibelin]  and  another  very  strong  fortress 
which  is  called  Lyeche  [L,aodicea].  Having  heard  of  this,  and 
having  ascertained  that  all  the  fortresses  on  the  coast  as  far  as 
Antioch  were  in  the  hands  of  the  Christians,  we  turned  towards 
Sidon  and  devastated  in  every  direction  all  the  land  which  the 
Saracens  held.  Thus  having  routed  the  Saracens,  by  the  aid  of 
the  Heavenly  King,  so  that  they  never  dare  to  appear,  we  hope 
very  soon  to  capture  the  sacred  city  of  Jerusalem.  For  the  Sara- 
cens, having  heard  that  our  army  is  unanimous  and  strong,  never 
dare  to  show  themselves. 

This  is  the  reason  that  we  strenuously  exhort  your  reverence, 
as  much  as  lies  in  your  power,  to  keep  the  memory  of  us  alive 
throughout  your  whole  archbishopric,  in  behalf  of  our  prosperity 
and  that  of  all  Christianity,  and  to  compel  all  in  your  arch- 
bishopric who  have  taken  the  cross  to  fulfill  their  vows  and  to  aid 
the  cause  of  Christianity.  Moreover,  if  any  wish  to  remain  in 
the  land  of  promise,  we  will  cause  sufficient  incomes  to  be 
assigned  to  them  in  the  same  land.  Farewell. 

VI.     THE  FIFTH  CRUSADE. 

Thes^e  are  the  most  valuable  sources  for  the  crusade  of  Frederic  II.  Each 
of  the  contestants  tells  the  story  from  his  own  standpoint.  We  have  com- 
paratively little  data  for  controlling  their  statements  and  determining  their 
motives.  See  Rohricht :  Beitrage  zur  Geschichte  der  Kreuzzuge,  Vol.  I. 


24  TRANSLATIONS  AND   REPRINTS. 

i.  FKKDERIC  II.  TO  HENRY  III.  OF  ENGLAND.    1229. 
Translation  taken  from  Roger  of  Wendover,  Bohn  edition,  Vol.  ii,  pp. 
522-4.     Original  text  in  Rolls  Series,  Roger  of  Wendover,  Vol.  ii, 
pp.  365  ff.     Latin. 

Frederic,  by  the  grace  of  God,  the  august  emperor  of  the 
Romans,  king  of  Jerusalem  and  Sicily,  to  his  well-beloved  friend 
Henry,  king  of  the  English,  health  and  sincere  affection. 

Let  all  rejoice  and  exult  in  the  Lord,  and  let  those  who  are  cor- 
rect in  heart  glorify  Him,  who,  to  make  known  His  power,  does 
not  make  boast  of  horses  and  chariots,  but  has  now  gained  glory 
for  Himself,  in  the  scarcity  of  His  soldiers,  that  all  may  know  and 
understand  that  He  is  glorious  in  His  majesty,  terrible  in  His 
magnificence,  and  wonderful  in  His  plans  on  the  sons  of  men, 
changing  seasons  at  will,  and  bringing  the  hearts  of  different 
nations  together;  for  in  these  few  days,  by  a  miracle  rather  than 
by  strength,  that  business  has  been  brought  to  a  conclusion, 
which  for  a  length  of  time  past  many  chiefs  and  rulers  of  the 
world  amongst  the  multitude  of  nations,  have  never  been  able  till 
now  to  accomplish  by  force,  however  great,  nor  by  fear. 

Not,  therefore,  to  keep  you  in  suspense  by  a  long  account,  we 
wish  to  inform  your  holiness,  that  we,  firmly  putting  our  trust  in 
God,  and  believing  that  Jesus  Christ,  His  Son,  in  whose  service 
we  have  so  devotedly  exposed  our  bodies  and  lives,  would  not 
abandon  us  in  these  unknown  and  distant  countries,  but  would  at 
least  give  us  wholesome  advice  and  assistance  for  His  honor, 
praise,  and  glory,  boldly  in  the  name  set  forth  from  Acre  on  the 
fifteenth  day  of  the  month  of  November  last  past  and  arrived 
safely  at  Joppa,  intending  to  rebuild  the  castle  at  that  place  with 
proper  strength,  that  afterwards  the  approach  to  the  holy  city  of 
Jerusalem  might  be  not  only  easier,  but  also  shorter  and  more 
safe  for  us  as  well  as  for  all  Christians.  When,  therefore,  we 
were,  in  the  confidence  of  our  trust  in  God,  engaged  at  Joppa, 
and  superintending  the  building  of  the  castle  and  the  cause  of 
Christ,  as  necessity  required  and  as  was  our  duty,  and  whilst  all 
our  pilgrims  were  busily  engaged  in  these  matters,  several  mes- 
sengers often  passed  to  and  fro  between  us  and  the  sultan  of 
Babylon;  for  he  and  another  sultan,  called  Xaphat,  his  brother, 
were  with  a  large  army  at  the  city  of  Gaza,  distant  about  one 
day's  journey  from  us;  in  another  direction,  in  the  city  of  Sichen, 
which  is  commonly  called  Neapolis,  and  situated  in  the  plains, 


THE   FIFTH   CRUSADE.  25 

the  sultan  of  Damascus,  his  nephew,  was  staying  with  an  im- 
mense number  of  knights  and  soldiers  also  about  a  day's  journey 
from  us  and  the  Christians. 

And  whilst  the  treaty  was  in  progress  between  the  parties  on 
either  side  of  the  restoration  of  the  Holy  Land,  at  length  Jesus 
Christ,  the  Son  of  God,  beholding  from  on  high  our  devoted  en- 
durance and  patient  devotion  to  His  cause,  in  His  merciful  com- 
passion of  us,  at  length  brought  it  ahmit.  tVmr  the  sill  tan  of 
^gV>Y1r>n  restored  ....to—  *"••  tfrp  liely  dity,  tha.  pln^o^y^y^  -the-  feet  • 
of  Christ  trod.3  and  where  the  true  worshippers  adore  the  Father 
in  spirit  and  in  truth.  But  that  we  may  inform  you  of  the  par- 
ticulars of  this  surrender  each  as  they  happened,  be  it  known  to 
you  that  not  on])'  is  the  body  of  the  aforesaid  city  restored  to  us, 
but  also  the  whole  of  the  country,  extending  from  thence  to  the 
sea-coast  nenr  the  rastle  of  -Joppa,  «o  that  fpr  the  future  pilgrims 

tn  and 


provided,  however,  that  the  Saracens  of  that  part  of  the  country, 
since  they  hold  the  temple  in  great  veneration,  may  come  there 
as  often  as  they  choose  in  the  character  of  pilgrims,  to  worship 
according  to  their  custom,  and  that  we  shall  henceforth  permit 
them  to  come,  however,  only  as  many  as  we  may  choose  to  allow, 
and  without  arms,  nor  are  they  to  dwell  in  the  city,  but  outside, 
and  as  soon  as  they  have  paid  their  devotions  they  are  to  depart. 
Moreover,  the  city  of  Bethlehem  is  restored  to  us,  and  all  the 
country  between  Jerusalem  and  that  city  ;  as  also  the  city  of  Naz- 
areth, and  all  the  country  between  Acre  and  that  city  ;  the  whole 
of  the  district  of  Turon,  which  is  very  extensive,  and  very  advan- 
tageous to  the  Christians  ;  the  city  of  Sidon,  too,  is  given  up  to  us 
with  the  whole  plain  and  its  appurtenances,  which  will  be  the 
more  acceptable  to  the  Christians  the  more  advantageous  it  has 
till  now  appeared  to  be  to  the  Saracens,  especially  as  there  is  a 
good  harbor  there,  and  from  there  great  quantities  of  arms  and 
necessaries  might  be  carried  to  the  city  of  Damascus,  and  often 
from  Damascus  to  Babylon.  And  although  according  to  our 
treaty  we  are  allowed  to  rebuild  the  city  of  Jerusalem  in  as  good 
a  state  as  it  has  ever  been,  and  also  the  castles  of  Joppa,  Cesarea, 

'This  is  in  Psalm  132.  The  English  version  is  "Before  thy  footstool." 
The  translation  in  the  letter  is  from  the  Vulgate  and  is  due  to  a  mistake 
made  by  St.  Jerome. 


26  TRANSLATIONS   AND   REPRINTS. 

Sidon,  and  that  of  St.  Mary  of  the  Teutonic  order,  which  the 
brothers  of  that  order  have  begun  to  build  in  the  mountainous 
district  of  Acre,  and  which  it  has  never  been  allowed  the  Christ- 
ians to  do  during  any  former  truce  ;  nevertheless  the  sultan  is  not 
allowed,  till  the  end  of  the  truce  between  him  and  us,  which  is 
agreed  on  for  ten  years,  to  repair  or  rebuild  any  fortresses  or 
castles.1 

And  so  on  Sunday,  the  eighteenth  day  of  February  last  past, 
which  is  the  day  on  which  Christ,  the  Sou  of  God,  rose  from  the 
dead,  and  which,  in  memory  of  His  resurrection,  is  solemnly 
cherished  and  kept  holy  by  all  Christians  in  general  throughout 
the  world,  this  treaty  of  peace  was  confirmed  by  oath  between  us. 
Truly  then  on  us  and  on  all  does  that  day  seem  to  have  shone 
favorably,  in  which  the  angels  sing  in  praise  of  God,  "  Glory  to 
God  on  high,  and  on  earth  peace,  and  good- will  toward  men." 
And  in  acknowledgment  of  such  great  kindness  and  of  such  an 
honor,  which,  beyond  our  deserts  and  contrary  to  the  opinion  of 
many,  God  has  mercifully  conferred  on  us,  to  the  lasting  renown 
of  His  compassion,  and  that  in  His  holy  place  we  might  personally 
offer  to  Him  the  burnt  offering  of  our  lips,  be  it  known  fa  von  ' 
that  on  the  seventeenth  day  of  the  month  of  March  of  this  second 
indiction,  we,  in  company  with  all  the  pilgrims  who  had  with  us. 
faithfully  followed  Christ,  the  Sou  of  God,  entered  the  holy  clly 
of  Jerusalem,  and  after  worshipping  at  the  holy  sepulchre,  we,  as 
being  a  Catholic  emperor,  on  the  following  day,  wore  the  crown, 
which  Almighty  God  provided  for  us  from  the  throne  of  Hi* 
majesty,  when  of  His  especial  grace,  ,He_exalled_iis_-on  -high,  i/ 
amongst  the  princes  of  the  world  ;  so  that  whilst  we  have  sup- 
ported the  honor  of  this  high  dignity,  which  belongs  to  us  by 
right  of  sovereignty,  it  is  more  and  more  evident  to  all  thatjth.e  \s* 
h^nd-of-lhe  I^ord  hath. done  all  .this;  and  since  His  mercies  are 
over  all  His  works,  let  the  worshippers  of  the  orthodox  faith 
henceforth  know  and  relate  it  far  and  wide  throughout  the  worjd, 
that  He,  who  is  blessed  for  ever,  has  visited  and  redeemed  His 
people,  and  has  raised  up  the  horn  of  salvation  for  us  in  the  house 
of  His  servant  David. 

And  before  we  leave  the  city  of  Jerusalem,  we  have  determined 

1  Ryccardus  de  Sancto  Germane,  ad  ann.  1229,  gives  the  treaty  somewhat 
differently.     M.  G.  SS.  Vol.  XIX. 


THE  FIFTH  CRUSADE.  27 

magnificently  to  rebuild  it,  and  its  towers  and  walls,  and  we  in- 
tend so  to  arrange  matters  that,  during  our  absence,  there  shall 
be  no  less  care  and  diligence  used  in  the  business,  than  if  we  were 
present  in  person.  In  order  that  this  our  present  letter  may  be 
full  of  exultation  throughout,  and  so  a  happy  end  correspond 
with  its  happy  beginning,  and  rejoice  your  royal  mind,  we  wish 
it  to  be  known  to  you  our  ally,  that  the  said  sultan  is  bound  to 
restore  to  us  all  those  captives  whom  he  did  not  in  accordance  with 
the  treaty  made  between  him  and  the  Christians  deliver  up  at  the 
time  when  he  lost  Damietta  some  time  since,  and  also  the  others 
who  have  been  since  taken. 

Given  at  the  holy  city  of  Jerusalem,  on  the  seventeenth  day  of 
the  month  of  March,  in  the  year  of  our  L,ord  one  thousand  two 
hundred  and  twenty-nine. 

2.  GEROLD  TO  ALL  THE  FAITHFUL.    1229. 
Rolls  Series,  M.  Paris,  Chron.  maj.  iii,  179-184.     Latin. 

Gerold,  patriarch  of  Jerusalem,  to  all  the  faithful — greeting. 

If  it  should  be  fully  known  how  astonishing,  nay  rather,  deplor- 
able, the  conduct  of  the  emperor  has  been  in  the  eastern  lands 
from  beginning  to  end,  to  the  great  detriment  of  the  cause  of  Jesus 
Christ  and  to  the  great  injury  of  the  Christian  faith,  from  the  sole 
of  his  foot  to  the  top  of  his  head  no  common  sense  would  be  found 
in  him.  For  he  came,  excommunicated,  without  money  and  fol- 
lowed by  scarcely  forty  knights,  and  hoped  to  maintain  himself 
by  spoiling  the  inhabitants  of  Syria.  He  first  came  to  Cyprus 
and  there  most  discourteously  seized  that  nobleman  J.  [John]  of 
Ibelin  and  his  sons,  whom  he  had  invited  to  his  table .  under  pre- 
text of  speaking  of  the  affairs  of  the  Holy  I/and.  Next  the  king, 
whom  he  had  invited  to  meet  him,  he  retained  almost  as  a  captive. 
He  thus  by  violence  and  fraud  got  possession  of  the  kingdom. 

After  these  achievements  he  passed  over  into  Syria.  Although 
in  the  beginning  he  promised  to  do  marvels,  and  although  in  the 
presence  of  the  foolish  he  boasted  loudly,  he  immediately  sent  to 
the  sultan  of  Babylon  to  demand  peace.  This  conduct  rendered 
him  despicable  in  the  eyes  of  the  sultan  and  his  subjects,  espe- 
cially after  they  had  discovered  that  he  was  not  at  the  head  of  a 
numerous  army,  which  might  have  to  some  extent  added  weight 
to  his  words.  Under  the  pretext  of  defending  Joppa,  he  marched 


28  TRANSLATIONS  AND   REPRINTS. 

with  the  Christian  army  towards  that  city,  in  order  to  be  nearer 
the  sultan  and  in  order  to  be  able  more  easily  to  treat  of  peace  or 
obtain  a  truce.  What  more  shall  I  say  ?  After  long  and  myste- 
rious conferences,  and  without  having  consulted  any  one  who 
lived  in  the  country,  he  suddenly  announced  one  day  that  he  had 
made  peace  with  the  sultan.  No  one  saw  the  text  of  the  peace  or 
truce  when  the  emperor  took  the  oath  to  observe  the  articles 
which  were  agreed  upon.  Moreover,  you  will  be  able  to  see 
clearly  how  great  the  malice  was  and  how  fraudulent  the  tenor  of 
certain  articles  of  the  truce  which  we  have  decided  to  send  to  you. 
The  emperor,  for  giving  credit  to  his  word,  wished  as  a  guarantee 
only  the  word  of  the  sultan,  which  he  obtained.  For  he  said, 
among  other  things,  that  the  holy  city  was  surrendered  to  him. 

He    Went    fllithfr   TyffTi     frit**    Pfr^'e+Jan     gt-my    rm    tVlfi   fiyg    Af    tVlP 

Sunday  when  "Oculi  met"  is  sung  [third  Sunday  in  Lent].  T he- 
Sunday  following,  without  any  fitting  ceremony  and  although 
excommunicated,  in  the  chapel  of  the  sepulchre  of  our  Lord,  to 
the  manifest  prejudice  of  his  honor  and  of  the  imperial  diguit), 
he  put  the  diadem  upon  .his  forehead,  although  the  Saracens  still 
held  the  temple  of  the  Lord  and  Solomon's  temple,  and  although 
they  proclaimed  publicly  as  before  ±he  law  of  Mohammed-^to,  the 
great  confusion  and  chagrin  of  the  pilgrims. 

This  same  prince,  who  had  previously  very  often  promised  to 
fortify  Jerusalem,  departed  in  secrecy  from  the  city  at  dawn  on 
the  following  Monday.  The  Hospitalers  and  the  Templars  prom- 
ised solemnly  and  earnestly  to  aid  him  with  all  their  forces  and 
their  advice,  if  he  wanted  to  fortify  the  city,  as  he  had  promised. 
But  the  emperor,  who  did  not  care  to  set  affairs  right,  and  who 
saw  that  there  was  no  certainty  in  what  had  been  done,  and  that 
the  city  in  the  state  in  which  it  had  been  surrendered  to  him 
could  be  neither  defended  nor  fortified,  was  content  with  the 
name  of  surrender,  and  on  the  same  day  hastened  with  his  familj7 
to  Joppa.  The  pilgrims  who  had  entered  Jerusalem  with  the 
emperor,  witnessing  his  departure,  were  unwilling  to  remain 
behind. 

The  following  Sunday  when  ' '  Laetare  Jerusalem ' '  is  sung 
[fourth  Sunday  in  Lent],  he  arrived  at  Acre.  There  in  order  to 
seduce  the  people  and  to  obtain  their  favor,  he  granted  them  a 
certain  privilege.  God  knows  the  motive  which  made  him  act 
thus,  and  his  subsequent  conduct  will  make  it  knowrn.  As,  more- 


THE   FIFTH   CRUSADE.  29 

over,  the  passage  was  near,  and  as  all  pilgrims,  humble  and  great, 
after  having  visited  the  Holy  Sepulchre,  were  preparing  to  with- 
draw, as  if  they  had  accomplished  their  pilgrimage,  because  no 
truce  had  been  concluded  with  the  sultan  of  Damascus,  we,  seeing 
that  the  holy  land  was  already  deserted  and  abandoned  by  the 
pilgrims,  in  our  council  formed  the  plan  of  retaining  soldiers,  for 
the  common  good,  by  means  of  the  alms  given  by  the  king  of 
France  of  holy  memory. 

When  the  emperor  heard  of  this,  he  said  to  us  that  he  was  as- 
tonished at  this,  since  he  had  concluded  a  truce  with  the  sultan 
of  Babylon.  We  replied  to  him  that  the  knife  was  still  in  the 
wound,  since  there  was  not  a  truce  or  peace  with  the  sultan  of 
Damascus,  nephew  of  the  aforesaid  sultan  and  opposed  cc  him, 
adding  that  even  if  the  sultan  of  Babylon  was  unwilling,  the 
former  could  still  do  us  much  harm.  The  emperor  replied,  say- 
ing that  no  soldiers  ought  to  be  retained  in  his  kingdom  without 
his  advice  and  consent,  as  he  was  now  king  of  Jerusalem.  We 
answered  to  that,  that  in  the  matter  in  question,  as  well  as  in  all 
of  a  similar  nature,  we  were  very  sorry  not  to  be  able,  without 
endangering  the  salvation  of  our  souls,  to  obey  his  wishes,  because 
he  was  excommunicated.  The  emperor  made  no  response  to  us, 
but  on  the  following  day  he  caused  the  pilgrims  who  inhabited 
the  city  to  be  assembled  outside  by  the  public  crier,  and  by  special 
messengers  he  also  convoked  the  prelates  and  the  monks. 

Addressing  them  in  person,  he  began  to  complain  bitterly  of 
us,  by  heaping  up  false  accusations.  Then  turning  his  remarks 
to  the  venerable  master  of  the  Templars  he  publicly  attempted  to 
severely  tarnish  the  reputation  of  the  latter,  by  various  vain 
speeches,  seeking  thus  to  throw  upon  others  the  responsibility  for 
his  own  faults  which  were  now  manifest,  and  adding  at  last,  that 
we  were  maintaining  troops  with  the  purpose  of  injuring  him. 
After  that  he  ordered  all  foreign  soldiers,  of  all  nations,  if  they 
valued  their  lives  and  property,  not  to  remain  in  the  land  from 
that  day  on,  and  ordered  count  Thomas,  whom  he  intended  to 
leave  as  bailiff  of  the  country,  to  punish  with  stripes  any  one  who 
was  found  lingering,  in  order  that  the  punishment  of  one  might 
serve  as  an  example  to  many.  After  doing  all  this  he  withdrew, 
and  would  listen  to  no  excuse  or  answers  to  the  charges  which  he 
had  so  shamefully  made.  He  determined  immediately  to  post 
some  cross-bowmen  at  the  gates  of  the  city,  ordering  them  to  allov 


30  TRANSLATIONS  AND  REPRINTS. 

the  Templars  to  go  out  but  not  to  return.  Next  he  fortified  with 
cross-bows  the  churches  and  other  elevated  positions,  and  espe- 
cially those  which  commanded  the  communications  between  the 
Templars  and  ourselves.  And  you  may  be  sure  that  he  never 
showed  as  much  animosity  and  hatred  against  Saracens. 

For  our  part,  seeing  his  manifest  wickedness,  we  assembled  all 
the  prelates  and  all  the  prilgrims,  and  menaced  with  excommuni- 
cation all  those  who  should  aid  the  emperor  with  their  advice  or 
their  services  against  the  Church,  the  Templars,  the  other  monks 
of  the  holy  land,  or  the  pilgrims. 

The  emperor  was  more  and  more  irritated,  and  immediately 
caused  all  the  passages  to  be  guarded  more  strictly,  refused  to 
allow  any  kind  of  provisions  to  be  brought  to  us  or  to  the  members 
of  our  party,  and  placed  everywhere  cross-bowmen  and  archers, 
who  attacked  severely  us,  the  Templars  and  the  pilgrims.  Finally 
to  fill  the  measure  of  his  malice,  he  caused  some  Dominicans  and 
Minorites  who  had  come  on  Palm  Sunday  to  the  proper  places  to 
announce  the  Word  of  God,  to  be  torn  from  the  pulpit,  to  be 
thrown  down  and  dragged  along  the  ground  and  whipped  through- 
out the  city,  as  if  they  had  been  robbers.  Then  seeing  that  he 
did  not  obtain  what  he  had  hoped  from  the  above-mentioned  siege, 
he  treated  of  peace.  We  replied  to  him  that  we  would  not  hear 
of  peace  until  he  sent  away  the  cross-bowmen  and  other  troops, 
until  he  had  returned  our  property  to  us,  until  finally  he  had  re- 
stored all  things  to  the  condition  and  freedom  in  which  they  were 
on  that  day  when  he  entered  Jerusalem.  He  finally  ordered  what 
we  wanted  to  be  done,  but  it  was  not  executed.  Therefore  we 
placed  the  city  under  interdict. 

The  emperor,  realizing  that  his  wickedness  could  have  no  suc- 
cess, was  unwilling  to  remain  any  longer  in  the  country.  And, 
as  if  he  would  have  liked  to  ruin  everything,  he  ordered  the  cross- 
bows and  engines  of  war,  which  for  a  long  time  had  been  kept  at 
Acre  for  the  defense  of  the  Holy  Land,  to  be  secretly  carried  onto 
his  vessels.  He  also  sent  away  several  of  them  to  the  sultan  of 
Babylon,  as  his  dear  friend.  He  sent  a  troop  of  soldiers  to  Cyprus 
to  levy  heavy  contributions  of  money  there,  and,  what  appeared  to 
us  more  astonishing,  he  destroyed  the  galleys  which  he  was  not 
able  to  take  with  him.  Having  learned  this,  we  resolved  to  re- 
proach him  with  it,  but  shunning  the  remonstrance  and  the  cor- 
rection, he  entered  a  galley  secretly,  by  an  obscure  way,  on  the 


THE   FINAL  CAPTURE  OF  JERUSALEM.  31 

day  of  the  Apostles  St.  Philip  and  St.  James,  and  hastened  to 
reach  the  island  of  Cyprus,  without  saying  adieu  to  any  one, 
leaving  Joppa  destitute;  and  may  he  never  return! 

Very  soon  the  bailiffs  of  the  above-mentioned  sultan  shut  off  all 
departure  from  Jerusalem  for  the  Christian  poor  and  the  Syrians, 
and  many  pilgrims  died  thus  on  the  road. 

This  is  what  the  emperor  did,  to  the  detriment  of  the  Holy  Land 
and  of  his  own  soul,  as  well  as  many  other  things  which  are 
known  and  which  we  leave  to  others  to  relate.  May  the  merciful 
God  deign  to  soften  the  results  !  Farewell. 

VII.     THE  FINAL  CAPTURE  OF  JERUSALEM. 

The  Christians  had  again  prepared  their  own  ruin  by  a  mistaken  policy  to 
ward  Egypt.  The  grand  master  of  the  Hospitalers  gives  the  most  graphic 
picture  of  the  final  capture  of  Jerusalem.  See  Wilken,  VI,  629  ff. 

i.  THE  MASTER  OF  THE  HOSPITALERS  AT  JERUSALEM  TO  LORD  DE 

MELA  YE.     1244. 

Translation  taken  from  Matthew  Paris,  Bohn  Edition,  Vol.  i,  pp.  497 
ff.  Original  text  in  Rolls  Series,  M.  Paris,  Chron.  maj.  Vol.  IV, 
pp;  307  ff.  Latin. 

To  the  most  potent  lord,  M.  de  Melaye,  brother  G.  of  New- 
castle, by  the  grace  of  God,  humble  master  of  the  holy  house  at 
Jerusalem,  and  guardian  of  the  poor  followers  of  Christ — greeting. 

From  the  information  contained  in  our  letters,  which  we  have 
sent  to  you  on  each  passage,  you  can  plainly  enough  see  how  ill 
the  business  of  the  Holy  I/and  has  proceeded,  on  account  of  the 
opposition  which  for  a  long  time  existed,  at  the  time  of  making 
the  truce,  respecting  the  espousing  the  cause  of  the  Damascenes 
against  the  sultan  of  Babylon  ;  and  now  wishing  your  excellency 
to  be  informed  of  other  events  since  transpired,  we  have  thought 
it  worth  our  while  to  inform  you  that,  about  the  beginning  of  the 
summer  last  past,  the  sultan  of  Damascus,  and  Seisser,  sultan  of 
Cracy,  who  were  formerly  enemies,  made  peace  and  entered  into 
a  treaty  with  the  Christians,  on  the  following  conditions  ;  namely, 
that  they  should  restore  to  the  Christians  the  whole  of  the  king- 
dom of  Jerusalem,  and  the  territory  which  had  been  in  the  pos- 
session of  the  Christians,  near  the  river  Jordan,  besides  some 
villages  which  they  retained  possession  of  in  the  mountains,  and 
that  the  Christians  were  faithfully  to  give  them  all  the  assistance 
in  their  power  in  attacking  the  sultan  of  Babylon. 


32  TRANSLATIONS  AND   REPRINTS. 

The  terms  of  this  treaty  having  been  agreed  to  by  both  parties, 
the  Christians  began  to  take  up  their  abode  in  the  Holy  City, 
whilst  their  army  remained  at  Gazara,  in  company  with  that  of 
the  aforesaid  sultan's,  to  harass  the  sultan  of  Babylon.  After 
they  had  been  some  time  engaged  in  that  undertaking,  the 
patriarch  of  Jerusalem  landed  from  the  transmarine  provinces; 
and,  after  taking  some  slight  bodily  rest,  he  was  inspired  with  a 
longing  to  visit  the  sepulchre  of  our  Lord,  and  set  out  on  that 
pilgrimage,  on  which  we  also  accompanied  him.  After  our  vow 
of  pilgrimage  was  fulfilled,  we  heard  in  the  Holy  City  that  a 
countless  multitude  of  that  barbarous  and  perverse  race,  called 
Choermians,  had,  at  the  summons  and  order  of  the  sultan  of 
Babylon,  occupied  the  whole  surface  of  the  country  in  the  furthest 
part  of  our  territories  adjoining  Jerusalem,  and  had  put  every 
living  soul  to  death  by  fire  and  sword. 

A  council  was  on  this  held  by  the  Christians  living  at  Jeru- 
salem, and,  as  they  had  not  the  power  to  resist  these  people,  it 
was  prudently  arranged  that  all  the  inhabitants  of  the  Holy  City, 
of  both  sexes  and  of  every  age,  should  proceed,  under  escort  of  a 
battalion  of  our  knights,  to  Joppa,  as  a  place  of  safety  and  refuge. 
On  that  same  night,  after  finishing  our  deliberations,  we  led  the 
people  cautiously  out  of  the  city,  and  had  proceeded  confidently 
half  the  distance,  when,  owing  to  the  intervention  of  our  old  and 
wily  enemy,  the  devil,  a  most  destructive  obstacle  presented  itself 
to  us;  for  the  aforesaid  people  raised  on  the  walls  of  the  city  some 
standards,  which  they  found  left  behind  by  the  fugitives,  in  order 
by  these  means  to  recall  the  unwary,  by  giving  them  to  believe 
that  the  Christians  who  had  remained  had  defeated  their  adver- 
saries. Some  of  our  fellow-Christians  hurried  after  us  to  recall  us, 
comforting  us  with  pleased  countenance,  and  declaring  that  the 
standards  of  the  Christians,  which  they  well  knew,  were  raised  on 
the  wall  of  Jerusalem,  in  token  that  they  had  defeated  the  enemy; 
and  they,  having  been  thus  deceived,  deceived  us  also. 

We,  therefore,  in  our  exultation,  returned  confidently  into  the 
Holy  City,  thinking  to  dwell  there  safely,  and  many  from  feelings 
of  devotion,  and  others  in  hope  of  obtaining  and  retaining  posses- 
sion of  their  inheritances,  rashly  and  incautiously  returned,  either 
into  the  city  itself  or  into  the  suburbs;  we,  however,  endeavored 
to  dissuade  them  from  this  altogether,  fearing  treachery  from 
these  perfidious  people,  and  so  went  away  from  them.  Not  long 


THE   FINAL   CAPTURE  OF  JERUSALEM.  33 

after  our  departure,  these  perfidious  Cboermiaus  came  in  great 
force  and  surrounded  the  Christians  in  the  Holy  City,  making 
violent  assaults  on  them  daily,  cutting  off  all  means  of  ingress  and 
egress  to  and  from  the  city,  and  harassing  them  in  various  ways, 
so  that,  owing  to  these  attacks,  hunger  and  grief,  they  fell  into 
despair,  and  all  by  common  consent  exposed  themselves  to  the 
chances  and  risk  of  death  by  the  hands  of  the  enemy.  They 
therefore  left  the  city  by  night,  and  wandered  about  in  the  track- 
less and  desert  parts  of  the  mountains  till  they  at  length  came  to 
a  narrow  pass,  and  there  they  fell  into  an  ambuscade  of  the 
enemy,  who,  surrounding  them  on  all  sides,  attacked  them  with 
swords,  arrows,  stones  and  other  weapons,  slew  a>id  cut  to  pieces, 
according  to  a  correct  computation,  about  seven  thousand  men 
and  women,  and  caused  such  a  massacre  thf?t  -the  blood,. of  those 
of  the  faith,  with  sorrow  I  say  it,  ran  do :w iv'  th£.  sides.  /i£  4H«* 
mountain  like  water.  Young  men  and  virgins  they  hurried  off 
with  them  into  captivity,  and  retired  into  the  Holy  City,  where 
they  cut  the  throats,  as  of  sheep  doomed  to  the  slaughter,  of  the 
nuns,  and  aged  and  infirm  men,  who,  unable  to  endure  the  toils 
of  the  journey  and  fight,  had  fled  to  the  church  of  the  Holy 
Sepulchre  and  to  Calvary,  a  place  consecrated  by  the  blood  of  our 
Lord,  thus  perpetrating  in  His  holy  sanctuary  such  a  crime  as 
the  eyes  of  men  had  never  seen  since  the  commencement  of  the 
world. 

At  length,  as  the  intolerable  atrocity  of  this  great  crime  aroused 
the  devotion  of  all  the  Christians  to  avenge  the  insult  offered  to 
their  Creator,  it  was,  by  the  common  consent  of  all,  agreed  that 
we  should  all,  after  asking  assistance  from  heaven,  arrange  our- 
selves in  order,  and  give  battle  to  these  treacherous  people.  We 
accordingly  attacked  them,  and  fought  without  resting  from  early 
in  the  morning  till  the  close  of  the  day,  when  darkness  prevented 
us  from  distinguishing  our  own  people  from  our  enemies  ;  immense 
numbers  fell  on  our  side  ;  but  four  times  as  many  of  our  adver- 
saries were  slain,  as  was  found  out  after  the  battle.  On  the  fol- 
lowing (St.  Luke  the  Evangelist's)  day,  the  Knights  Templars 
and  Hospitalers,  having  recovered  breath,  and  invoked  assistance 
from  above,  together  with  all  the  other  religious  men  devoted  to 
this  war,  and  their  forces,  and  the  whole  array  of  the  Christians, 
in  the  Holy  Land,  assembled  by  proclamation  under  the  patriarch, 
and  engaged  in  a  most  bloody  conflict  with  the  aforesaid  Choer- 
3 


34  TRANSLATIONS  AND  REPRINTS. 

mians  and  five  thousand  Saracen  knights,  who  had  recently  fought 
under  the  sultan  of  Babylon,  and  who  now  joined  these  Choer- 
mians ;  a  fierce  attack  was  made  on  both  sides,  as  we  could  not 
avoid  them ;  for  there  was  a  powerful  and  numerous  army  on 
both  sides  of  us.  At  length,  however,  we  were  unable  to  stand 
against  such  a  multitude,  for  fresh  and  uninjured  troops  of  the 
enemy  continued  to  come  upon  us,  as  they  were  ten  times  as 
numerous  as  we,  and  we  wearied  and  wounded,  and  still  feeling 
the  effects  of  the  recent  battle ;  so  we  were  compelled  to  give 
way,  abandoning  to  them  the  field,  with  a  bloody  and  dearly- 
bought  victory ;  for  great  numbers  more  fell  on  their  side  than 
on  ours. 

•  "And  we  wJjrfe'so  assisted  by  Him  who  is  the  Saviour  of  souls, 
that  not  a  hundred-  escaped  by  flight,  but,  as  long  as  we  were  able 
•  to"  stamd,'  we  mutually  exhorted  and  comforted  one  another  in 
Christ,  and  fought  so  uuweariedly  and  bravely,  to  the  astonish- 
ment of  our  enemies,  till  we  were  at  length  taken  prisoners 
(which,  however,  we  much  tried  to  avoid)  or  fell  slain.  Hence, 
the  enemy  afterwards  said  in  admiration  to  their  prisoners:  "You 
voluntarily  threw  yourselves  in  the  way  of  death;  why  was  this?" 
To  which  the  prisoners  replied:  "We  would  rather  die  in  battle, 
and  with  the  death  of  our  bodies  obtain  glorification  for  our  souls, 
than  basely  give  way  and  take  to  flight:  such  people,  indeed,  are 
greatly  to  be  feared." 

In  the  said  battle,  then,  the  power  of  the  Christians  was 
crushed,  and  the  number  of  slain  in  both  armies  was  incomput- 
able. The  masters  of  the  Templars  and  Hospitalers  were  slain, 
as  also  the  masters  of  other  orders,  with  their  brethren  and  fol- 
lowers. Walter,  count  of  Brienne,  and  the  lord  Philip  de  Mont- 
fort,  and  those  who  fought  under  the  patriarch,  were  cut  to 
pieces;  of  the  Templars  only  eighteen  escaped,  and  sixteen  of  the 
Hospitalers,  who  were  afterwards  sorry  that  they  had  saved 
themselves.  Farewell. 

VIII.     THE  SIXTH  CRUSADE. 

This  letter,  although  not  "written  from  the  Holy  Land,"  and  the  com- 
position of  an  humble  pilgrim,  gives  such  valuable — and  in  some  cases 
otherwise  unknown — details,  concerning  the  capture  of  Damietta  in  St. 
Louis'  first  crusade,  that  it  has  seemed  wise  to  insert  it.  The  king's  speech 
is  very  characteristic.  See  Wallon :  St.  Louis  et  son  temps. 


THE  SIXTH   CRUSADE.  35 

i.  GUY,  A  KNIGHT,  TO  B.  OF  CHARTRES. 

From  Damietta,1  1249. 
Rolls  Series,  M.  Paris.  Chron.  maj.  VI,  pp.  155  ff.    Latin. 

To  his  dear  half-brother  and  well-beloved  friend,  master  B.  of 
Chartres,  student  at  Paris,  Guy,  a  knight  of  the  household  of  the 
viscount  of  Melun,  greeting  and  a  ready  will  to  do  his  pleasure. 

Because  we  know  that  you  are  uneasy  about  the  state  of  the 
Holy  Land  and  our  lord,  the  king  of  France,  and  that  you  are  in- 
terested in  the  general  welfare  of  the  church  as  well  as  the  fate  of 
many  relatives  and  friends  who  are  fighting  for  Christ  under  the 
king's  orders,  therefore,  we  think  we  ought  to  give  you  exact  in- 
formation as  to  the  events  of  which  a  report  has  doubtless  already 
reached  you. 

After  a  council  held  for  that  purpose,  we  departed  from  Cyprus 
for  the  East.  The  plan  was  to  attack  Alexandria,  but  after  a  few 
days  a  sudden  tempest  drove  us  over  a  wide  expanse  of  the  sea. 
Many  of  our  vessels  were  driven  apart  and  scattered.  The  sultan 
of  Cairo  and  other  Saracen  princes,  informed  by  spies  that  we  in- 
tended to  attack  Alexandria,  had  assembled  an  infinite  multitude 
of  armed  men  from  Cairo,  Babylon,  Damietta  and  Alexandria, 
and  awaited  us  in  order  to  put  us,  while  exhausted,  to  the  sword. 
One  night  we  were  borne  over  the  waves  by  a  violent  tempest. 
Toward  morning  the  sky  cleared,  the  storm  abated,  and  our  scat- 
tered vessels  came  together  safely.  An  experienced  pilot  who 
knew  all  the  coast  in  this  part  of  the  sea  and  many  idioms,  and 
who  was  a  faithful  guide,  was  sent  to  the  masthead,  in  order  that 
he  might  tell  us  if  he  saw  land  and  knew  where  we  were.  After 
he  had  carefully  and  sorrowfully  examined  all  the  surrounding 
country,  he  cried  out  terrified,  "God  help  us,  God  help  us,  who 
alone  is  able  ;  we  are  before  Damietta." 

Indeed  all  of  us  could  see  the  land.  Other  pilots  on  other 
vessels  had  already  made  the  same  observation,  and  they  began  to 
approach  each  other.  Our  lord,  the  king,  assured  of  our  position, 
with  undaunted  spirit,  endeavored  to  reanimate  and  console  his 
men.  "My  friends  and  faithful  soldiers,"  said  he  to  them,  "we 
shall  be  invincible  if  we  are  inseparable  in  our  love  of  one  another. 
It  is  not  without  the  divine  permission  that  we  have  been  brought 

1  Another  translation  of  this  letter  can  be  found  in  Matthew  Paris  (Bohn 
edition),  III,  411  ff. 


36  TRANSLATIONS  AND  REPRINTS. 

here  so  quickly.  I  am  neither  the  king  of  France  nor  the  holy 
church,  you  are  both.  I  am  only  a  man  whose  life  will  end  like 
other  men's  when  it  shall  please  God.  Everything  is  in  our 
favor,  whatever  may  happen  to  us.  If  we  are  conquered,  we 
shall  be  martyrs;  if  we  triumph,  the  glory  of  God  will  be  exalted 
thereby — that  of  all  France,  yea,  even  of  Christianity,  will  be  ex- 
alted thereby.  Certainty  it  would  be  foolish  to  believe  that  God, 
who  foresees  all,  has  incited  me  in  vain.  This  is  His  cause,  we 
shall  conquer  for  Christ,  He  will  triumph  in  us,  He  will  give  the 
glory,  the  honor  and  the  blessing  not  unto  us,  but  unto  His 
name. ' ' 

In  the  meantime  our  assembled  vessels  approached  the  land. 
The  inhabitants  of  Damietta  and  of  the  neighboring  shores  could 
view  our  fleet  of  1500  vessels,  without  counting  those  still  at  a 
distance  and  which  numbered  150.  In  our  times  no  one,  we  be- 
lieve, had  ever  seen  such  a  numerous  fleet  of  vessels.  The  in- 
habitants of  Damietta,  astonished  and  frightened  beyond  expres- 
sion, sent  four  good  galleys,  with  well-skilled  sailors,  to  examine 
and  ascertain  who  we  were  and  what  we  wanted.  The  latter 
having  approached  near  enough  to  distinguish  our  vessels,  hesi- 
tated, stopped,  and,  as  if  certain  of  what  they  had  to  report, 
made  ready  to  return  to  their  own  party;  but  our  galleys  with  the 
fast  boats  got  behind  them  and  hemmed  them  in,  so  that  they 
were  compelled,  in  spite  of  their  unwillingness,  to  approach  our 
ships. 

Our  men,  seeing  the  firmness  of  the  king  and  his  immovable 
resolution,  prepared,  according  to  his  orders,  for  a  naval  combat. 
The  king  commanded  to  seize  these  mariners  and  all  whom  they 
met,  and  ordered  us  afterward  to  land  and  take  possession  of  the 
country.  We  then,  by  means  of  our  mangonels  which  hurled 
from  a  distance  five  or  six  stones  at  once,  began  to  discharge  at 
them  fire-darts,  stones,  and  bottles  filled  with  lime,  made  to  be 
shot  from  a  bow,  or  small  sticks  like  arrows.  The  darts  pierced 
the  mariners  and  their  vessels,  the  stones  crushed  them,  the  lime 
flying  out  of  the  broken  bottles  blinded  them.  Accordingly,  three 
hostile  galleys  were  soon  sunk.  We  saved,  however,  a  few 
enemies.  The  fourth  galley  got  away  very  much  damaged.  By 
exquisite  tortures  we  extracted  the  truth  from  the  sailors  who  fell 
alive  into  our  hands,  and  learned  that  the  citizens  of  Damietta  had 
left  the  city  and  awaited  us  at  Alexandria.  The  enemies  who 


THB  SIXTH   CRUSADE.  37 

succeeded  in  escaping  and  whose  galley  was  put  to  flight,  some 
mortally  wounded,  uttering  frightful  cries,  went  to  tell  the  multi- 
tude of  Saracens  who  were  waiting  on  the  shore,  that  the  sea  was 
covered  with  a  fleet  which  was  drawing  near,  that  the  king  of 
France  was  coming  in  hostile  guise  with  an  infinite  number  of 
barons,  that  the  Christians  were  10,000  to  one,  and  that  they 
caused  fire,  stones,  and  clouds  of  dust  to  rain  down.  ' '  However, ' ' 
they  added  "while  they  are  still  fatigued  from  the  labor  of  the 
sea,  if  your  lives  and  your  homes  are  dear  to  you,  hasten  to  kill 
them,  or  at  least  to  repulse  them  vigorously  until  our  soldiers  re- 
turn. We  alone  have  escaped  with  difficulty  to  warn  you.  We 
have  recognized  the  ensigns  of  the  enemy.  See  how  furiously 
they  rush  upon  us,  equally  ready  to  fight  on  land  or  sea." 

In  consequence  of  this  speech,  fear  and  distrust  seized  the 
enemy.  All  of  our  men,  assured  of  the  truth,  conceived  the  great- 
est hopes.  In  emulation  of  one  another  they  leaped  from  their 
vessels  into  the  barks  ;  the  water  was  too  shallow  along  the  shore, 
the  barks  and  the  small  vessels  could  not  reach  the  land.  Several 
warriors,  by  the  express  order  of  the  king,  cast  themselves  into 
the  sea.  The  water  was  up  to  their  waists.  Immediately  began 
a  very  cruel  combat.  The  first  crusaders  were  promptly  followed 
by  others  and  the  whole  force  of  infidels  was  scattered.  We  lost 
only  a  single  man  by  the  enemy's  fire.  Two  or  three  others,  too 
eager  for  the  combat,  threw  themselves  into  the  water  too  quickly 
and  owed  their  deaths  to  themselves  rather  than  to  others.  The 
Saracens  giving  way,  retired  into  their  city,  fleeing  shamefully 
and  with  great  loss.  Great  numbers  of  them  were  mutilated  or 
mortally  wounded. 

We  would  have  followed  them  closely,  but  our  chiefs,  fearing  an 
ambuscade,  held  us  back.  While  we  were  fighting  some  slaves 
and  captives  broke  their  chains,  for  the  gaolers  had  also  gone  out 
to  fight  us.  Only  the  women,  children  and  the  sick  had  remained 
in  the  city.  These  slaves  and  captives,  full  of  joy,  rushed  to  meet 
us,  applauding  our  king  and  his  army,  and  crying  ' '  Blessed  is  he 
who  cometh  in  the  name  of  the  L,ord."  These  events  happened 
on  Friday  the  day  of  our  Lord's  Passion  ;  we  drew  from  it  a  favor- 
able augury.  The  king  disembarked  joyfully  and  safely,  as  well 
as  the  rest  of  the  Christian  army.  We  rested  until  the  next  day, 
when,  with  the  aid  and  under  the  guidance  of  slaves  who  knew 
the  country  and  the  roads,  we  got  possession  of  what  remained  to 


38  TRANSLATIONS   AND   REPRINTS. 

be  captured  of  the  land  and  shore.  But  during  the  night  the  Sara- 
cens, who  had  discovered  that  the  captives  had  escaped,  had  killed 
those  who  remained.  They  thus  made  of  them  glorious  martyrs 
of  Christ,  to  their  own  damnation. 

In  the  darkness  of  the  following  night  and  on  Sunday  morning, 
as  they  lacked  weapons  and  troops,  the  Saracens  seeing  the  multi- 
tude of  the  Christians  who  were  landing,  their  courage  and  firm- 
ness, and  the  sudden  desolation  of  their  own  city,  lacking  leaders, 
superiors  and  persons  to  incite  them,  as  well  as  destitute  of 
strength  and  weapons  for  fighting,  departed,  taking  their  women 
and  children  and  carrying  off  everything  movable.  They  fled 
from  the  other  side  of  the  city  by  little  gates  which  they  had  made 
long  before.  Some  escaped  by  land,  others  by  sea,  abandoning 
their  city  filled  with  supplies  of  all  kinds.  That  same  day  at 
nine  o'clock,  two  captives  who  escaped  by  chance  from  the  hands 
of  the  Saracens,  came  to  tell  us  what  had  happened.  The  king, 
no  longer  fearing  an  ambuscade,  entered  the  city  before  three 
o'clock  without  hindrance  and  without  shedding  blood.  Of  all 
who  entered  only  Hugo  Brun,  earl  of  March,  was  severely 
wounded.  He  lost  too  much  blood  from  his  wounds  to  survive, 
for  he  was  careless  of  his  life,  because  of  the  reproaches  which  had 
been  inflicted  upon  him,  and  rashly  rushed  into  the  midst  of  the 
enemy.  He  had  been  stationed  in  the  front  rank,  at  his  own  re- 
quest, because  he  knew  that  he  was  an  object  of  suspicion. 

I  must  not  forget  to  say  that  the  Saracens,  after  having  deter- 
mined to  flee,  hurled  at  us  a  great  quantity  of  Greek  fire,  which 
was  very  injurious  to  us,  becuase  it  was  carried  by  a  wind  which 
blew  from  the  city.  But  this  wind,  suddenly  changing,  carried 
the  fire  back  upon  Damietta,  where  it  burned  several  persons  and 
fortresses.  It  would  have  consumed  more  property,  if  the  slaves 
who  had  been  left  had  not  extinguished  it  by  a  process  which 
they  knew,  and  by  the  will  of  God,  who  did  not  wish  that  we 
should  take  possession  of  a  city  which  had  been  burnt  to  the 
ground. 

The  king,  having  then  entered  the  city  in  the  midst  of  cries  of 
joy,  went  immediately  into  the  temple  of  the  Saracens  to  pray  and 
thank  God,  whom  he  regarded  as  the  author  of  what  had  taken 
place.  Before  eating,  all  the  Christians,  weeping  sweet  and  sacred 
tears  of  joy,  and  led  by  the  legate,  solemnly  sang  that  hymn  of 
the  angels,  the  Te  Deum  Laudamus.  Then  the  mass  of  the 


THE  SIXTH   CRUSADB.  39 

blessed  Virgin  was  celebrated  in  the  place  where  the  Christians  in 
ancient  times  had  been  wont  to  celebrate  mass  and  to  ring  the 
bells,  and  which  they  had  now  cleansed  and  sprinkled  with  holy 
water.  In  this  place,  four  days  before,  as  the  captives  told  us, 
the  foul  Mohammed  had  been  worshiped  with  abominable  sacri- 
fices, loud  shouts  and  the  noise  of  trumpets.  We  found  in  the 
city  an  infinite  quantity  of  food,  arms,  engines,  precious  clothing, 
vases,  golden  and  silver  utensils  and  other  things.  In  addition 
we  had  our  provisions,  of  which  we  had  plenty,  and  other  dear  and 
necessary  objects  brought  from  our  vessels. 

By  the  divine  goodness,  the  Christian  army,  like  a  pond  which  is 
greatly  swollen  by  the  torrents  pouring  in,  was  added  to  each  day 
by  some  soldiers  from  the  lands  of  lord  Ville-Hardouin  and  some 
Templars  and  Hospitalers,  besides  pilgrims  newly  arrived,  so  that 
we  were,  by  God's  grace,  largely  reinforced.  The  Templars  and 
Hospitalers  did  not  want  to  believe  in  such  a  triumph.  In  fact, 
nothing  that  had  happened  was  credible.  All  seemed  miraculous, 
especially  the  Greek  fire  which  the  wind  carried  back  onto  the 
heads  of  those  who  hurled  it  against  us.  A  similar  miracle  for- 
merly took  place  at  Antioch.  A  few  infidels  were  converted  to  Je- 
sus Christ  and  up  to  the  present  time  have  remained  with  us. 

We,  instructed  by  the  past,  will  in  the  future  exercise  much 
prudence  and  circumspection  in  our  actions.  We  have  with  us 
faithful  Orientals  upon  whom  we  can  count.  They  know  all  the 
country  and  the  dangers  which  it  offers;  they  have  been  baptized 
with  true  devotion.  While  we  write,  our  chiefs  are  considering 
what  it  is  necessary  to  do.  The  question  is  whether  to  proceed 
to  Alexandria  or  Babylon  and  Cairo.  We  do  not  know  what 
will  be  decided.  We  shall  inform  you  of  the  result,  if  our  lives 
are  spared.  The  sultan  of  Babylon,  having  learned  what  has 
taken  place,  has  proposed  to  us  a  general  engagement  for  the 
morrow  of  St.  John  the  Baptist's  day,  and  in  a  place  which  the 
two  armies  shall  choose,  in  order,  as  he  says,  that  fortune  may 
decide  for  the  men  of  the  East  or  the  men  of  the  West,  that  is 
between  the  Christians  and  themselves,  and  that  the  party  to 
whom  fate  shall  give  the  victory,  may  glory  in  it,  and  the 
conquered  may  humbly  yield.  The  king  replied  that  he  did  not 
fear  the  enemy  of  Christ  one  day  more  than  another  and  that  he 
offered  no  time  for  rest,  but  that  he  defied  him  to-morrow  and 
every  day  of  his  life,  until  he  should  take  pity  on  his  own  soul 


40  TRANSLATIONS  AND   REPRINTS. 

and  should  turn  to  the  Lord  who  wishes  the  whole  world  to  be 
saved,  and  who  opens  the  bosom  of  His  mercy  to  all  those  who 
turn  to  Him. 

We  tell  you  these  things  in  this  letter  through  our  kinsman 
Guiscard.  He  seeks  nothing  else  than  that  he  may,  at  our  expense, 
prepare  himself  for  a  professorship  and  have  a  fit  lodging  for  at 
least  two  years. 

We  have  learned  nothing  certain  worth  reporting  about  the 
Tartars.  We  can  expect  neither  good  faith  from  the  perfidious, 
nor  humanity  from  the  inhuman,  nor  charity  from  dogs,  unless 
God,  to  whom  nothing  is  impossible,  works  this  miracle.  It  is  He 
who  has  purged  the  Holy  Land  from  the  wicked  Charismians. 
He  has  destroyed  them  and  caused  them  to  disappear  entirely 
from  under  heaven.  When  we  learn  anything  certain  or  remark- 
able of  the  Tartars,  or  others,  we  will  send  you  word  either  by 
letter  or  by  Roger  de  Montefagi,  who  is  to  return  to  France  in  the 
spring,  to  the  lands  of  our  lord  the  viscount,  to  collect  money  for 
us. 

IX.  A  LIST  OF  OTHER  LETTERS,  WRITTEN  BY  CRUSADERS, 

WHICH  HAVE  BEEN  TRANSLATED  INTO  ENGLISH. 
1098.     (July.)     Letter  from  Bohemond,  Godfrey,  Raymond,  and  Hugh  the 

Great  to  all  Christians. 

Michaud's  History  of  the  Crusades  (London,  1852),  Vol.  Ill,  360-362. 
1098.     (Sept.  ii.)     Letter  of  the  principal  Crusaders  to  Pope  Urban  II. 

Ibid.,  Ill,  365-367. 

1187.  Letter  of  Terricius,  Master  of  the  Temple,  to  all  Commanders  and 

Brethren  of  the  Temple. 

Roger  de  Hoveden  (Bohn  Library),  II,  68-69. 

1188.  Letter  of  Conrad,  son  of  the  Marquis  of  Mont-Ferrat,  to  Baldwin, 

Archbishop  of  Canterbury. 

Roger  of  Wendover  (Bohn  Library),  II,  71-72. 

See  Riezler  in  Forschungen  zur  Deutschen  Geschichte,  Vol.  x,  p.  in. 
/l88.     Letter  of  Patriarch  of  Antioch  to  Henry  II.,  King  of  England. 

Roger  de  Hoveden,  II,  84-85. 
Il88.     Letter  of  Terricius  to  Henry  II.,  King  of  England. 

Ibid.,  II,  90-91. 
Il88.     Letter  of  Frederic  I.  to  Saladin. 

Ibid.,  II,  100-102. 

1190.     (Oct.  ax.)     Letter  from  Archbishop  Baldwin's  Chaplain  to  his  Con- 
ent  at  Canterbury 

Archer:  Crusade  of  Richard  I.,  p.  17  (incomplete). 
Dated  wrongly  in  Archer. 


A  UST  Ol    OTHER  LETTERS.  4! 

1191.     (Oct.  z.)     Letter  of  Richard  I.  from  Joppa  to  N.,  his  subject. 

Roger  de  Hoveden,  II,  221. 
Also  in  Archer:  Crusade,  172-173. 
1191.     (Oct.  i.)     Letter  of  Richard  I.  from  Joppa  to  Abbot  of  Clairvauz. 

Roger  de  Hoveden,  II,  221-224. 
Also  in  Archer:  Crusade,  173-175. 
1191.     (About  Oct.  17.)     Letter  of  Richard  I.  to  Saladin. 

Archer:  Crusade,  186-187. 
1191.     Letter  of  Richard  I.  to  Walter,  Archbishop  of  Rouen. 

Roger  of  Wendover,  II,  108-109. 

1201.  Letter  of  Master  of  the  Hospital  at  Jerusalem  to  the  Prior  and  his 
Brethren  throughout  England. 

Roger  de  Hoveden,  II,  542-545. 

1220.  Letter  of  Peter  de  Montacute,  Master  of  the  Temple,  to  A.  Martel, 

Preceptor  in  England. 

Roger  of  Wendover,  II,  436-439. 
This  letter  is  wrongly  placed  under  1222;  see  Rohricht,  Regesta,  936. 

1221.  Letter  of  Peter  de  Montacute  to  the  Bishop  of  Elimenum. 

Roger  of  Wendover,  II,  433-435. 

1222.  Letter  of  P.  de  Albeney  to  the  Earl  of  Chester  and  Lincoln. 

Ibid.,  II,  435-436. 

1227.  Letter  of  Gerald,  Patriarch  of  Jerusalem,  and  Others,  to  all  Chris- 
tians. 

Ibid.,  II,  490-492. 

1237.  Letter  of  Philip,  Prior  of  the  Brotherhood  of  Preachers,  to  Pope 
Gregory  IX. 

Matthew  Paris  (Bonn  Library),  I,  56-58. 

1240.  Letter  of  Hermann  of  Perigord,  Master  of  the  Knights  of  the 
Temple,  to  Master  Robert  Sanford,  Preceptor  of  the  House 
of  the  said  Knights  in  England. 

Ibid.,  I,  303. 
1244.     Letter  of  Same  to  Same. 

Ibid.,  I,  482-484. 
1244.     Letter  of  Brother  G.  of  Newcastle  to  M.  de  Merlaye. 

Ibid.,  I,  497-500. 
1244.     Letter  of  Robert,  Patriarch  of  Jerusalem,  to  all  Christians. 

Ibid.,  I,  522-528. 

1249.  Letter  of  Robert,  Count  of  Arras  [d'Artois]  to  Blanche,  Queen  of 
France. 

Ibid.,  Ill,  409-411. 

Also  translated  in  Michaud,  III,  456-458. 

1349.  Letter  of  William  de  Sonnac,  Master  of  the  Soldiery  of  the  Temple, 
to  Master  Robert  Sanford. 

Matthew  Paris,  III,  417-418. 


42  TRANSLATIONS  AND   REPRINTS. 

1250.     Letter  to  Earl  Richard. 

Matthew  Paris,  II,  366-368. 
1250.     Letter  of  John,  his  Chancellor,  to  Richard,  Earl  of  Cornwall. 

Ibid.,  II,  383-386. 
1250.     (August.)     Letter  of  St.  Louis  to  his  Subjects. 

Michaud,  III,  458-464. 

1252.     (May  2.)     Letter  of  Joseph  of  Cancy,  Treasurer  of  the  House  of  the 
Hospital  of  Jerusalem,  at  Acre,  to  Walter  of  St.  Martin's. 

Matthew  Paris,  III,  420-422. 
1252.     Letter  of  William  of  Orleans  to  Richard,  Bishop  of  Chichester. 

Ibid.,  II,  504. 

1281.     Letter  from  Sir  Joseph  de  Cancy,  Knight  of  the  Hospital  of  St.  John 
of  Jerusalem,  to  King  Edward  I. 
Published  by  the  Palestine  Pilgrims'  Text  Society,  London,  1888. 


The  editor  does  not  venture  to  hope  that  this  list  is  complete.  But  even 
an  incomplete  list  may  be  of  use  to  teachers.  Some  short,  unimportant 
letters  have  been  omitted.  In  the  "  Letters  of  Saint  Bernard  of  Clairvaux," 
published  in  the  Catholic  Standard  Library,  by  Hodges,  London,  there  are 
several  letters  relative  to  the  Crusades  (especially  numbers  175  and  363) 
which  are  useful.  In  "Godeffroy  of  Bologne;  or,  The  Siege  and  Conquest 
of  Jerusalem,  by  William,  Archbishop  of  Tyre,  translated  from  the  French 
by  William  Caxton,"  edited  by  Mrs.  Mary  Noyes  Colvin,  and  published  by 
the  Early  English  Text  Society,  London,  1893,  there  are  several  letters, 
especially  on  pages  76  and  86. 


TRANSLATIONS  AND  REPRINTS 

FROM  THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 
VOL.  I.  THE  FRENCH  REVOLUTION.  No.  5. 


TABLE  OF  CONTENTS. 

FAGB 

I.       DECREE  ABOLISHING  THE  FEUDAL  SYSTEM,  AUG.  11,  1789,  * 

II.       DECLARATION  OF  THE  RIGHTS  OF  MAN, 6 

III.  MEMOIR  DRAWN  UP  BY  MlRABEAU,  OCT.  1789,    .    *    .    .   -    .  8 

IV.  THE  ORIGIN  OF  THE  JACOBIN  CLUB, 18 

V.       ADDRESS  OF  THE  NATIONAL  ASSEMBLY,  FEB.  n,  1790,  .  .  20 

VI.  THE  CIVIL  CONSTITUTION  OF  THE  CLERGY, 25 

VII.  EXTRACT  FROM  "I/ AMI  DUPEUPLE," 32 

VIII.       OPINION  OP  MALLET  DU  PAN, 33 

IX.       THE  DECLARATION  OP  PILNITZ, 34 

INTRODUCTORY  BIBLIOGRAPHY, 35 


TRANSLATIONS  AND    REPRINTS. 


I.  DECREE    OF   THE    NATIONAL  ASSEMBLY   ABOLISHING 
THE  FEUDAL  SYSTEM,  AUGUST  n,  1789. 

Buchez  et  Roux,  Histoire  Parlementaire  II,  259  ff. 

The  abolition  of  the  Feudal  System,  which  took  place  during  the  famous  night 
session  of  August  4  and  5,  1789,  was  caused  by  the  reading  of  a  report  on  the  misery 
and  disturbances  in  the  provinces,  and  was  carried  in  a  fervor  of  enthusiasm  and 
excitement  which  made  some  later  revision  necessary.  The  decree  here  given  was 
drawn  up  during  the  following  days,  and  contains  some  alterations  and  important 
amplifications  of  the  original  provisions  as  passed  in  the  early  morning  of  August  5.1 
This  document,  as  well  as  numbers  II.  and  VI.,  are  as  useful,  retrospectively,  in 
clarifying  the  student's  ideas  of  the  Ancien  Regime  as  in  explaining  the  new  svstem. 

ARTICLE  I.  The  National  Assembly  hereby  completely  abolishes  the 
feudal  system.  It  decrees  that,  among  the  existing  rights  and  dues, 
both  feudal  and  censuel?  all  those  originating  in  or  representing  real 
or  personal  serfdom  (mainmorte)  or  personal  servitude,  shall  be 
abolished  without  indemnification.  All  other  dues  are  declared  re- 
deemable, the  terms  and  mode  of  redemption  to  be  fixed  by  the 
National  Assembly.  Those  of  the  said  dues  which  are  not  extinguished 
by  this  decree  shall  continue  to  be  collected  until  indemnification  shall 
take  place. 

II.  The  exclusive  right  to  maintain  pigeon-houses  and  dove-cotes  is 
abolished.     The  pigeons  shall  be  confined  during  the  seasons  fixed  by 
the  community.     During  such  periods  they  shall  be  looked  upon  as 
game,  and  every  one  shall  have  the  right  to  kill  them  upon  his  own  land. 

III.  The  exclusive  right  to  hunt  and  to  maintain  unenclosed  warrens 
is  likewise  abolished,  and  every  land  owner  shall  have  the  right  to  kill 
or  to  have  destroyed  on  his  own  land  all  kinds  of  game,  observing, 
however,  such  police  regulations  as  may  be  established  with  a  view  to 
the  safety  of  the  public. 

All  hunting  captainries,  including  the  royal  forests,  and  all  hunting 
rights  under  whatever  denomination,  are  likewise  abolished.  Pro- 
vision shall  be  made,  however,  in  a  manner  compatible  with  the  regard 
due  to  property  and  liberty,  for  maintaining  the  personal  pleasures  of 
the  king. 


1  These  may  be  found  in  the  Histoire  Parlementaire  II.,  242-3. 
*This  refers  to  the  cens,  a  perpetual  due  similar, to  the  payments  made  by  English 
copy-holders. 


DECREE   ABOLISHING  THE   FEUDAL   SYSTEM.  3 

The  president  of  the  assembly  shall  be  commissioned  to  ask  of  the 
King  the  recall  of  those  sent  to  the  galleys  or  exiled,  simply  for  viola- 
tions of  the  hunting  regulations,  as  well  as  for  the  release  of  those  at 
present  imprisoned  for  offences  of  this  kind,  and  the  dismissal  of  such 
cases  as  are  now  pending. 

IV.  All  manorial  courts  are  hereby  suppressed  without  indemnifica- 
tion.    But  the  magistrates  of  these  courts  shall  continue  to  perform 
their  functions  until  such  time  as  the  National  Assembly  shall  provide 
for  the  establishment  of  a  new  judicial  system. 

V.  Tithes  of  every  description,  as  well  as  the  dues  which  have  been 
substituted  for  them,  under  whatever  denomination  they  are  known  or 
collected  (even  when  compounded  for),  possessed  by  secular  or  regular 
congregations,  by  holders  of  benefices,  members  of  corporations  (in- 
cluding the  Order  of  Malta  and  other  religious  and  military  orders,) 
as   well   as   those    devoted    to    the    maintenance   of   churches,  those 
impropriated  to   lay  persons  and    those    substituted   for   the  portion 
congrue?   are    abolished,    on    condition,    however,    that    some   other 
method  be  devised  to  provide  for  the  expenses  of  divine  worship,  the 
support  of  the  officiating  clergy,  for  the  assistance  of  the  poor,  for 
repairs  and  rebuilding  of  churches  and  parsonages,  and  for  the  main- 
tenance of  all  institutions,  seminaries,  schools,  academies,  asylums,  and 
organizations  to  which  the   present  funds  are  devoted.     Until  such 
provision  shall  be  made  and  the  former  possessors  shall  enter  upon 
the  enjoyment  of  an  income  on  the  new  system,  the  National  Assembly 
decrees  that  the  said  tithes  shall  continue  to  be  collected  according  to 
law  and  in  the  customary  manner. 

Other  tithes,  of  whatever  nature  they  may  be,  shall  be  redeemable  in 
such  manner  as  the  Assembly  shall  determine.  Until  such  regulation 
shall  be  issued,  the  National  Assembly  decrees  that  these,  too,  shall 
continue  to  be  collected. 

VI.  All  perpetual  ground  rents,  payable  either  in  money  or  in  kind, 
of  whatever  nature  they  may  be,  whatever  their  origin  and  to  whomso- 
ever they  may  be  due,  as  to  members  of  corporations,  holders  of  the 
domain  or  appanages  or  to  the  Order  of  Malta,  shall  be  redeemable. 
Champarts?  of  every  kind  and  under  all  denominations,  shall  likewise 


1  This  expression  refers  to  the  minimum  remuneration  fixed  for  the  priests. 
a  The  ckampart  was  the  right  of  the  lord  to  a  certain  portion  of  the  crops  on  lands 
subject  to  the  fens. 


4  TRANSLATIONS   AND   REPRINTS. 

be  redeemable  at  a  rate  fixed  by  the  Assembly.     No  due  shall  in  the 
future  be  created  which  is  not  redeemable. 

VII.  The  sale  of  judicial  and  municipal  offices  shall  be  suppressed 
forthwith.     Justice  shall  be  dispensed  gratis.     Nevertheless,  the  mag- 
istrates at  present  holding  such  offices  shall  continue  to  exercise  their 
functions  and  to  receive  their  emoluments  until  the  Assembly  shall 
have  made  provision  for  indemnifying  them. 

VIII.  The  fees  of  the  country  priests  are  abolished,  and  shall  be 
discontinued  so  soon  as  provision  shall  be  made  for  increasing  the 
minimum  salary  \portion  congrue]  of  the  parish  priests  and  the  pay- 
ment to  the  curates.     A  regulation  shall  be  drawn  up  to  determine 
the  status  of  the  priests  in  the  towns. 

IX.  Pecuniary  privileges,  personal  or  real,  in  the  payment  of  taxes 
are  abolished  forever.     Taxes  shall  be  collected  from  all  the  citizens, 
and  from  all  property,  in  the  same  manner  and  in  the  same  form. 
Plans  shall  be  considered  by  which  the  taxes  shall  be  paid  proportionally 
by  all,  even  for  the  last  six  months  of  the  current  year. 

X.  Inasmuch  as  a  national  constitution  and  public  liberty  are  of  more 
advantage  to  the  provinces  than  the  privileges  which  some  of  these 
enjoy,  and  inasmuch  as  the  surrender  of  such  privileges  is  essential  to 
Ihe  intimate  union  of  all  parts  of  the  realm  [empire],  it  is  decreed  that 
all  the  peculiar  privileges,  pecuniary  or  otherwise,    of  the   provinces, 
principalities,  districts  \_pays~],  cantons,  cities  and  communes,  are  once 
for  all  abolished  and  are  absorbed  into  the  law  common  to  all  French- 
men. 

XI.  All  citizens,  without  distinction  of  birth,  are  eligible  to  any  office 
or  dignity,  whether  ecclesiastical,  civil  or  military ;  and  no  profession 
shall  imply  any  derogation. 

XII.  Hereafter  no  remittances  shall  be  made  for  annates  or  for  any 
other  purpose  to  the  court  of  Rome,  the  vice-legation  at  Avignon,  or  to 
the  nunciature  at  Lucerne.     The  clergy  of  the  diocese  shall  apply  to 
their  bishops  in  regard  to  the  filling  of  benefices  and  dispensations* 
the  which  shall  be  granted  gratis  without  regard  to  reservations,  expec- 
tancies and  papal  months,  all  the  churches  of  France  enjoying  the 
same  freedom. 

XIII.  The  rights  of  deport?  of  cotte-morte?  depouilles?  vacat?  droits 

1  Rights  of  bishops  to  the  income  of  benefices  during  vacancies. 
*  Rights  of  the  convent  to  the  clothes  of  its  deceased  members. 


DECREE   ABOLISHING  THE   FEUDAL  SYSTEM.  5 

censaux,  Peter  s  pence,  and  other  dues  of  the  same  kind,  under  what- 
ever denomination,  established  in  favor  of  bishops,  archdeacons,  arch- 
presbyters,  chapters,  and  regular  congregations  which  formerly  exer- 
cised priestly  functions  {cures  pri mitifs\ ,  are  abolished,  but  appropriate 
provision  shall  be  made  for  those  benefices  of  archdeacons  and  arch- 
presbyters  which  are  not  sufficiently  endowed. 

XIV.  Pluralities  shall  not  be  permitted  hereafter  in  cases  where  the 
revenue  from  the  benefice  or  benefices  held  shall  exceed  the  sum  of 
three  thousand  livres.     Nor  shall  any  individual  be  allowed  to  enjoy 
several  pensions  from  benefices,  or  a  pension  and  a  benefice,  if  the 
revenue  which  he  already  enjoys  from  such  sources  exceeds  the  same 
sum  of  three  thousand  livres. 

XV.  The  National  Assembly  shall  consider,  in  conjunction  with  the 
King,  the  report  which  is  to  be  submitted  to  it  relating  to  pensions, 
favors  and  salaries,  with  a  view  to  suppressing  all  such  as  are  not 
deserved  and  reducing  those  which  shall  prove  excessive;  and  the 
amount  shall  be  fixed  which  the  King  may  in  the  future  disburse  for 
this  purpose. 

XVI.  The  National  Assembly  decrees  that  a  medal  shall  be  struck  in 
memory  of  the  recent  grave  and  important  deliberations  for  the  welfare 
of  France,  and  that  a  Te  Deum  shall  be  chanted  in  gratitude  in  all  the 
parishes  and  the  churches  of  France. 

XVII.  The  National  Assembly  solemnly  proclaims  the  King,  Louis 
XVI.,  the  Restorer  of  French  Liberty. 

XVIII.  The  National  Assembly  shall  present  itself  in  a  body  before 
the  King,  in  order  to  submit  to  him  the  decrees  which  have  just  been 
passed,  to  tender  to  him  the  tokens  of  its  most  respectful  gratitude  and 
to  pray  him  to  permit  the  Te  Deum  to  be  chanted  in  his  chapel,  and 
to  be  present  himself  at  this  service. 

XIX.  The  National  Assembly  shall  consider,  immediately  after  the 
constitution,  the  drawing  up  of  the  laws  necessary  for  the  development 
of  the  principles  which  it  has  laid  down  in  the  present  decree.     The 
latter  shall  be  transmitted  without  delay  by  the  deputies  to  all  the 
provinces,  together  with  the  decree  of  the  tenth  of  this  month,  in  order 
that  it  may  be  printed,  published,  announced  from  the  parish  pulpits, 
and  posted  up  wherever  it  shall  be  deemed  necessary. 


6  TRANSLATIONS   AND   REPRINTS. 

II.  DECLARATION  OF  THE  RIGHTS  OF  MAN  AND  OF  THE 

CITIZEN. 


Buchez  et  Roux,  Histoire  Parlementaire  XI,  pp. 

A  declaration  of  the  rights  of  man,  which  had  been  demanded  by  many  of  the 
cahiers,  was  the  part  of  the  new  constitution  which  the  Assembly  decided  (Aug.  4) 
should  be  first  drawn  up.  Trie  members  recognized  that  they  were  imitating  an 
American  precedent  in  doing  this.  Our  first  state  constitutions,  several  of  which 
are  preceded  by  elaborate  bills  of  rights,  had  very  early  been  Tfanslated  into  French. 
An  interesting  comparison  may  be  made  between  the  spirit  and  aim  of  the  French 
declaration  and  of  those  of  our  own  country.  The  first  ten  amendments  to  our 
constitution,  which  form  a  bill  of  rights,  were  not  proposed  in  Congress  until  Sept. 
25,  1789,  and  could,  of  course,  have  exercised  no  influence  upon  the  National 
Assembly. 

The  representatives  of  the  French  people,  organized  as  a  National 
Assembly,  believing  that  the  ignorance,  neglect  or  contempt  of  the 
rights  of  man  are  the  sole  cause  of  public  calamities  and  of  the  cor- 
ruption of  governments,  have  determined  to  set  forth  in  a  solemn 
declaration  the  natural,  inalienable  and  sacred  rights  of  man,  in  order 
that  this  declaration,  being  constantly  before  all  the  members  of  the 
social  body,  shall  remind  them  continually  of  their  rights  and  duties  ; 
in  order  that  the  acts  of  the  legislative  power,  as  well  as  those  of  the 
executive  power,  may  be  compared  at  any  moment  with  the  ends  of  all 
political  institutions  and  may  thus  be  more  respected  ;  and,  lastly,  in 
order  that  the  grievances  of  the  citizens,  based  hereafter  upon  simple 
and  incontestable  principles,  shall  tend  to  the  maintenance  of  the 
constitution  and  redound  to  the  happiness  of  all.  Therefore  the 
National  Assembly  recognizes  and  proclaims,  in  the  presence  and  under 
the  auspices  of  the  Supreme  Being,  the  following  rights  of  man  and  of 
the  citizen:  — 

ARTICLE  i.  Men  are  born  and  remain  free  and  equal  in  rights.  Social 
distinctions  may  only  be  founded  upon  the  general  good. 

2.  The  aim  of  all  political  association  is  the  preservation  of  the 
natural  and  imprescriptible  rights  of  man.     These  rights  are  liberty, 
property,  security  and  resistance  to  oppression. 

3.  The  principle  of  all  sovereignty  resides  essentially  in  the  nation. 
No  body  nor  individual  may  exercise  any  authority  which  does  not  pro- 
ceed directly  from  the  nation. 

4.  Liberty  consists  in  the  freedom  to  do  everything  which  injures 
no  one  else  ;  hence  the  exercise  of  the  natural  rights  of  each  man  has 


DECLARATION   OF   THE   RIGHTS   OF   MAN.  7 

no  limits  except  those  which  assure  to  the  other  members  of  the  society 
the  enjoyment  of  the  same  rights.  These  limits  can  only  be  determined 
by  law. 

5.  Law  can  only  prohibit  such  actions  as  are  hurtful  to  society. 
Nothing  may  be  prevented  which  is  not  forbidden  by  law,  and  no  one 
may  be  forced  to  do  anything  not  provided  for  by  law. 

6.  Law  is  the  expression  of  the  general  will.     Every  citizen  has  a 
right  to  participate  personally  or  through  his  representative  in  its  forma- 
tion.    It  must  be  the  same  for  all,  whether  it  protects  or  punishes. 
All  citizens,  being  equal  in  the  eyes  of  the  law,  are  equally  eligible  to 
all  dignities  and  to  all  public  positions  and  occupations,  according  to 
their  abilities,  and  without  distinction  except  that  of  their  virtues  and 
talents. 

7.  No  person  shall  be  accused,  arrested  or  imprisoned  except  in  the 
cases  and  according  to  the  forms  prescribed  by  law.     Any  one  soliciting, 
transmitting,  executing  or  causing  to  be  executed  any  arbitrary  order 
shall  be  punished.     But  any  citizen  summoned  or  arrested  in  virtue  of 
the  law  shall  submit  without  delay,  as  resistance  constitutes  an  offence. 

8.  The  law  shall  provide  for  such  punishments  only  as  are  strictly 
and  obviously  necessary,  and  no  one  shall  suffer  punishment  except  it 
be  legally  inflicted  in  virtue  of  a  law  passed  and  promulgated  before 
the  commission  of  the  offence. 

9.  As  all  persons  are  held  innocent  until   they  shall   have   been 
declared  guilty,  if  arrest  shall  be  deemed  indispensable,  all  harshness 
not  essential  to  the  securing  of  the  prisoner's  person  shall  be  severely 
repressed  by  law. 

10.  No  one  shall  be  disquieted  on  account  of  his  opinions,  including 
his  religious  views,  provided  their  manifestation  does  not  disturb  the 
public  order  established  by  law. 

11.  The  free  communication  of  ideas  and  opinions  is  one  of  the 
most  precious  of  the  rights  of  man.     Every  citizen  may,  accordingly, 
speak,  write  and  print  with  freedom,  but  shall  be  responsible  for  such 
abuses  of  this  freedom  as  shall  be  denned  by  law. 

12.  The  security  of  the  rights  of  man  and  of  the  citizen  requires 
public  military  force.     These  forces  are,  therefore,  established  for  the 
good  of  all  and  not  for  the  personal  advantage  of  those  to  whom  they 
shall  be  entrusted. 

13.  A  common  contribution  is  essential  for  the  maintenance  of  the 
public  forces  and  for  the  cost   of   administration.     This   should   be 


8  TRANSLATIONS   AND   REPRINTS. 

equitably  distributed  among  all  the  citizens  in  proportion  to  their 
means. 

14.  All  the  citizens  have  a  right  to  decide,  either  personally  or  by 
their  representatives,  as  to  the  necessity  of  the  public  contribution ;  to 
grant  this  freely ;  to  know  to  what  uses  it  is  put ;  and  to  fix  the  pro- 
portion, the  mode  of  assessment,  and  of  collection,  and  the  duration 
of  the  taxes. 

15.  Society  has  the  right  to  require  of  every  public  agent  an  account 
of  his  administration. 

1 6.  A  society  in  which  the  observance  of  the  law  is  not  assured,  nor 
the  separation  of  powers  defined,  has  no  constitution  at  all. 

17.  Since  property  is  an  inviolable  and  sacred  right,  no  one  shall  be 
deprived  thereof  except  where  public   necessity,  legally  determined, 
shall  clearly  demand  it,  and  then  only  on  condition  that  the  owner 
shall  have  been  previously  and  equitably  indemnified. 

III.  MEMOIR  DRAWN  UP  BY  THE  COUNT  OF  MIRABEAU 

After  the  events  of  the  fifth  and  sixth  of  October,  1789,  and 

delivered  by  the  Count  of  La  Marck  to  Monsieur  the 

Count  of  Provence,  the  King's  brother,  Oct.  15. 
Correspondance  entre  Mirabeau  et  le  Compte  de  la  Marck,  I,  364-382. 
Mirabeau  is  generally  recognized  as  the  ablest   statesman  in  France  during  this 
period.     After  the  "October  days"  he  was  brought  into  communication  with  the 
King  and  retained  some  influence  over  the  policy  of  the  court  until  his  death  (April, 
1791).     His  first  communication  to  Louis  XVI.  is  given  almost  in  full,  and  is,  per- 
haps, the  most  interesting  and  accurate  contemporary  review  of  the  general  political 
situation  immediately  after  the  transfer  of  the  King  and  the  Assembly  to  Paris. 

The  King  could  not  refuse  to  come  to  Paris,  and  whether  the 
National  Assembly  could  have  refused  to  follow  him  or  not,  it  had  not 
in  any  case  the  power  to  detain  him.  Is  the  King  free  in  Paris?  He 
is  in  the  sense  that  no  foreign  will  has  taken  the  place  of  his  own,  but 
he  is  certainly  not  at  liberty  to  leave  Paris.  He  may  not  select  those 
who  guard  his  person ;  he  cannot  even  exercise  any  direct  control  over 
the  militia  [milice~\  to  whom  his  safety  is  confided.  The  National 
Assembly  is  free  in  Paris  so  far  as  its  deliberations  are  concerned,  but 
it  could  not  adjourn  to  another  town  in  the  kingdom,  nor  can  it 
guarantee  to  the  delegate  of  the  nation 1  more  freedom  than  he  already 
has. 

1  The  King. 


MEMOIR   DRAWN   UP   BY   MIRABEAU.  9 

The  position  of  the  King  is  obviously  prejudicial  to  the  success  of 
the  revolution.  The  condition  of  affairs  is  not  such  indeed  that  the 
•decrees  of  the  Assembly  and  the  sanction  or  acceptance  of  the  mon- 
arch, which  is  inseparably  connected  with  them,  may  be  looked  upon 
as  the  result  of  compulsion,  as  the  enemies  of  the  revolution  never  tire 
of  repeating  to  the  people.  But  this  state  of  affairs  offers  a  pretext  for 
disobedience,  leads  to  protests,  furnishes  hopes  and  supplies  a  means 
for  leading  even  the  best  intentioned  citizens  astray,  and  may  serve  as 
a  cloak  for  the  schemes  of  the  parlements  and  of  the  nobility.  Two 
protests  have  already  appeared ;  the  attitude  of  some  of  the  provinces 
is  doubtful,  and  the  obedience  of  some  of  the  commanders  of  the 
troops  is  uncertain.  All  this  is  sufficient  to  show  how  important  it  is 
to  the  safety  of  the  state  that  no  excuse  should  be  left  to  the  ill-inten- 
tioned, if  the  revolution  is  to  be  peacefully  consummated. 

Will  the  King  enjoy  in  Paris  entire  personal  security  even?  Placed 
as  he  is,  the  least  mischance  may  compromise  his  safety !  It  is 
threatened  by  external  movements,  commotions  within,  party  divisions, 
the  errors  of  enthusiasm  and  of  impatience,  and,  above  all,  by  the 
violent  collision  of  the  capital  with  the  provinces.  Although  Paris  is 
powerful  it  contains  many  causes  for  disturbance.  Its  inhabitants, 
when  excited,  are  irresistible.  Winter  is  approaching  and  food  may 
be  wanting.  Bankruptcy  may  be  declared.  What  will  Paris  be  three 
months  hence?  Assuredly  a  poor-house,  perhaps  a  theatre  of  horrors. 
Is  it  to  such  a  place  that  the  head  of  the  nation  should  entrust  his 
existence  and  our  only  hope? 

The  ministers  are  without  resources.  Only  one  of  them  enjoys  any 
popularity,  and  he  has  always  been  supported  rather  by  certain  enthu- 
siastic admirers  than  by  a  party.  But  his  resources  are  well  known, 
and  he  has  just  shown  himself  in  his  true  light.  His  empty  brain  has 
never  contemplated  more  than  to  prop  up  here  and  there  an  edifice 
which  is  giving  away  at  every  point.  He  is  anxious  to  prolong  the 
death  agony  until  the  moment  he  has  chosen  for  his  political  retirement, 
when,  as  in  1781,  he  plans  to  leave  an  asserted  balance  between  the 
receipts  and  expenditures,  and  some  millions  in  the  Royal  Treasury. 
Whether  his  plan  succeeds  or  not,  his  success  cannot  extend  beyond  a 
few  months,  and  this  destructive  financier  can  only  give  Paris  a  mo- 
ment's breathing  space  by  ruining  the  kingdom.  This  is  not  a  mere 
conjecture,  but  is  a  conclusion  reached  with  the  certainty  of  mathemati- 
cal demonstration.  What  will  become  of  the  nation  after  this  useless 


IO  TRANSLATIONS   AND   REPRINTS. 

attempt,  which  renders  bankruptcy  inevitable?  We  are  only  weary 
and  discouraged  as  yet ;  it  is  the  moment  of  despair  which  is  to  be 
feared. 

The  provinces  are  not  disrupted,  but  they  are  watching  each  other 
suspiciously,  and  incipient  disunion  portends  a  storm.  The  transfer 
of  provisions  is  more  and  more  interrupted.  The  number  of  discon- 
tented is  increased  as  an  unavoidable  result  of  even  the  best  advised 
decrees  of  the  Assembly.  A  nation  must,  in  the  last  analysis,  be 
measured  by  the  work  it  does ;  but  the  nation  is  out  of  the  habit  of 
work.  Public  strength  lies  only  in  public  opinion  and  in  the  revenues 
of  the  state.  But  every  bond  of  public  opinion  is  severed.  Only  the 
direct  taxes  are  paid  at  all,  and  these  only  partially,  although  the  half 
of  our  taxes  are  indirect.  Several  years  will  be  required  to  replace 
what  six  months  have  just  destroyed,  and  the  impatience  of  the  people, 
which  is  increased  by  their  misery,  is  apparent  on  every  hand. 

A  still  more  fatal  emergency  is  to  be  anticipated.  The  National 
Assembly,  which  is  so  badly  constituted  in  principle,  composed  as  it 
is  of  discordant  factions  laboriousy  brought  together,  can  see  that 
each  day  the  confidence  in  its  work  is  diminishing.  The  best  inten- 
tions do  not  prevent  mistakes.  The  Assembly  is  forced  to  deviate 
from  its  proper  policy  owing  to  the  unfortunate  fact  that  it  declared 
its  earlier  decrees  irrevocable,  and  now,  not  venturing  to  contradict 
itself  or  to  retrace  its  steps,  it  thus  finds  another  hindrance  of  its  own 
creation  in  the  way  of  its  power.  The  respect  which  an  exalted  title 
and  a  great  revolution  seen  from  afar  inspires,  as  well  as  hope,  so 
essential  to  the  people,  still  sustains  it.  But  each  day  this  great  cause 
is  deserted  by  a  portion  of  those  who  make  public  opinion,  although  it 
demands  the  closest  co-operation  of  every  faction  and  party  in  the 
realm.  The  people  are,  moreover,  only  informed  of  the  almost  inevit- 
able mistakes  of  a  legislative  body  which  is  too  numerous,  whose  footing 
is  insecure,  and  which  has  gone  through  no  apprenticeship ;  no  empha- 
sis is  laid  upon  the  ease  with  which  such  mistakes  could  be  corrected 
by  the  next  legislature.  A  commotion  is  secretly  preparing  which  may 
cause  the  loss,  in  a  single  day,  of  the  fruits  of  the  most  severe  effort. 
The  body  politic  is  on  the  point  of  dissolution.  It  must  have  a  trans- 
fusion of  new  blood. 

The  only  way  to  save  the  state  and  the  nascent  constitution  is  to  put 
the  King  in  a  position  which  will  allow  him,  without  delay,  to  unite 
with  his  people. 


MEMOIR  DRAWN  UP   BY   MIRABEAU.  II 

Paris  has  long  swallowed  up  the  taxes  of  the  kingdom.  Paris  is  the 
seat  of  the  financial  regime  which  the  provinces  loathe.  Paris  has 
created  the  debt.  Paris,  by  its  miserable  stock-gambling,  has  destroyed 
public  credit,  and  has  compromised  the  honor  of  the  nation.  Must 
the  National  Assembly,  too,  regard  this  city  only,  and  sacrifice  the  whole 
kingdom  for  it?  Several  provinces  fear  that  the  capital  will  dominate 
the  Assembly  and  direct  the  course  of  its  work.  Paris  deman'ds  only 
certain  financial  measures,  while  the  provinces  care  only  for  agriculture 
and  farming.  Paris  cares  only  for  money,  the  provinces  require  laws- 
The  dissensions  between  Paris  and  the  provinces  are  clearly  recognized, 
and  will  break  forth  on  the  least  excuse. 

What  then  is  to  be  done?  Is  the  King  free?  His  freedom  is  not 
complete,  nor  is  it  recognized.  Is  the  King  safe?  I  do  not  think  so. 
Can  even  Paris  save  him  alone?  No ;  Paris  is  lost  if  she  is  not  brought 
to  order  and  forced  to  moderation.  The  necessity  of  supplies  places 
her  at  the  mercy  of  the  rest  of  the  kingdom,  and  her  inevitable  ruin 
would  result  from  a  prolongation  of  the  anarchic  tyranny  in  which  only 
her  deceiving  and  deceived  leaders,  who  are  forced  into  a  policy  of 
unmeasured  innovation  by  their  own  excesses,  have  any  interest.  Will 
the  National  Assembly  finish  its  session  without  being  harassed  by  the 
disturbances  which  a  thousand  circumstances  lead  us  to  anticipate? 
He  would  be  bold  certainly  who  should  guarantee  this  ! 

Should  no  successful  effort  be  made  to  give  another  direction  to 
public  opinion,  to  enlighten  the  people  as  to  their  true  interests,  to 
prepare,  by  instructions  given  to  constituents,  the  spirit  of  the  new 
legislature,  will  the  state  recover  its  tranquility,  the  army  its  strength, 
the  executive  power  its  influence  and  the  monarch  his  real  rights, 
whose  exercise  is  essential  to  public  liberty?  Or  will  the  monarchy 
be  shaken  to  its  foundation  and  very  probably  dismembered,  that  is  to 
say,  dissolved?  It  is  easy  to  foresee  what  is  to  be  apprehended  by 
what  has  already  happened.  Some  measures  must  obviously  be  taken, 
as  all  the  facts  clearly  indicate. 

Several  methods  present  themselves,  but  there  are  those  which  would 
entail  the  most  terrible  evils,  and  which  I  only  mention  to  deter  the 
King  from  a  course  which  would  mean  certain  destruction.  To  with- 
draw to  Metz — or  upon  any  other  frontier— would  be  to  declare  war 
upon  the  nation  and  abdicate  the  throne.  A  king,  who  is  the  only 
safeguard  of  his  people,  does  not  flv  before  his  people.  He  accepts 
them  as  the  judge  of  his  conduct  snd  principles.  He  does  not  sever 


12  TRANSLATIONS   AND    REPRINTS. 

at  a  stroke  all  the  bonds  which  unite  them  to  him.  He  does  not  excite 
all  manner  of  suspicion  against  himself,  nor  does  he  place  himself  in 
a  position  where  he  can  only  re-enter  his  possessions  with  arms  in  his 
hands,  or  be  reduced  to  supplicate  foreign  aid. 

Who  can  say  to  what  a  state  of  frenzy  the  French  nation  might  be 
aroused  if  it  saw  its  king  abandoning  it  in  order  to  join  a  group  of 
exiles,  and  become  one  of  them  himself,  or  how  it  would  prepare  for 
resistance  and  oppose  the  forces  he  might  collect?  Even  I  should 
denounce  the  monarch  after  such  an  act. 

To  withdraw  into  the  interior  of  the  kingdom  and  call  together  the 
entire  nobility  would  be  a  policy  no  less  hazardous.  Justly  or  not,  the 
whole  nation,  which  in  its  ignorance  confuses  nobility  and  aristocracy, 
has  long  looked  upon  the  gentry  en  masse  as  their  implacable  enemies. 
The  abolition  of  the  feudal  system  was  the  expiation  of  ten  centuries 
of  madness.  The  disturbance  might  have  been  lessened,  but  now  it  is 
too  late,  and  the  decree  is  irrevocable.  To  join  the  nobility  would  be 
worse  than  for  the  King  to  throw  himself  into  a  foreign  and  hostile 
army.  He  has  to  choose  between  a  great  nation  and  a  few  individuals, 
between  peace  and  civil  war  carried  on  upon  exceedingly  unequal 
terms. 

Would  the  King's  safety  be  assured  should  he  choose  this  alternative? 
A  body  of  nobility  is  not  an  army  which  can  fight,  nor  is  it  a  province 
which  can  intrench  itself.  Would  not  the  greater  part  of  this  nobility 
have  their  throats  cut  even  before  they  could  be  brought  together? 
Would  not  their  possessions  have  been  already  annihilated?  Should 
the  nobility  be  called  together  in  order  to  induce  them  to  consent  to 
new  sacrifices,  the  deadly  blow  would  be  dealt  before  any  explanation 
or  understanding  could  take  place.  If,  on  the  other  hand,  it  were  the 
plan  to  restore  to  them  everything  which  general  opinion  and  more 
enlightened  reason  has  abolished,  in  the  way  of  their  exemptions  and 
privileges,  is  it  possible  that  peace  and  the  collection  of  the  taxes  could 
be  re-established  within  a  nation,  deluded,  by  this  very  restoration,  in 
the  dearest  and  most  just  of  its  hopes? 

To  withdraw  with  a  view  of  regaining  his  liberty,  and  in  order  to 
denounce  the  Assembly  to  the  people  and  break  off  all  connections 
with  it,  would  be  a  less  violent  step  than  the  two  already  mentioned, 
but  in  no  way  less  dangerous.  It  would  compromise  the  King's  safety 
and  would  likewise  precipitate  civil  war,  since  a  great  part  of  the 
provinces  are  willing  to  defend  the  decrees  of  the  Assembly — which 


MEMOIR   DRAWN   UP   BY   MIRABEAU.  13 

with  all  their  faults  contain  more  errors  of  an  administrative  character 
than  violations  of  principle — and  the  people  can  not  fail  to  see  that 
the  Assembly  is  at  bottom  very  advantageous  for  them.  Moreover,  the 
enlightened  portion  of  this  nation  knows  that  it  must  yield  obedience 
provisionally  to  even  the  mistaken  decrees  of  a  legislative  body,  for 
without  this  no  form  of  constitution  could  ever  be  established.  The 
King  would,  therefore,  have  on  his  side  neither  the  nobility,  whose 
passions  he  would  not  share,  nor  his  people,  whose  schemes  he  had 
not  espoused.  Or  rather  the  first  step,  which  can  not  be  taken  by  itself, 
would  entail  many  others,  and  the  King  would  fall  into  one  of  the 
evil  plights  of  which  I  have  just  pointed  out  the  danger. 

It  is  certain,  in  short,  that  a  great  revolution  is  necessary  to  save  the 
kingdom,  that  the  nation  has  rights,  that  it  is  on  the  way  to  recover 
them  all,  and  that  it  is  not  sufficient  simply  to  re-establish  them,  but 
they  must  be  consolidated,  that  a  national  convention  can  alone 
regenerate  France,  that  the  Assembly  has  already  made  several  laws 
which  it  is  indispensable  to  adopt,  and  that  there  is  no  safety  for  the 
King  and  for  the  state  except  in  the  closest  alliance  between  the 
monarch  and  his  people. 

All  the  methods  which  I  have  mentioned  having  been  rejected,  I 
will  make  the  following  observations  upon  a  final  plan  which  is  certainly 
not  without  peril.  But  it  must  not  be  hoped  that  escape  can  be 
effected  from  great  danger  without  some  risk ;  and  all  the  powers  of 
statesmen  should  now  be  directed  towards  preparing  for,  moderating, 
guiding  and  tempering  the  crisis,  and  not  towards  preventing  one 
altogether,  which  is  quite  impossible.  For  the  crisis  can  not  even  be 
delayed  without  rendering  it  more  violent. 

This  last  plan  can  be  carried  out  by  the  simplest  means.  The  pre- 
parations should  undoubtedly  be  made  almost  to  their  most  trifling 
details,  but  they  ought  not  to  be  communicated  to  those  who  are  to 
execute  the  plan  until  the  final  resolution  is  taken.  The  minister  is 
not,  or  at  least  is  not  generally  recognized  to  be,  sufficiently  well 
intentioned  to  make  it  possible  to  submit  the  plan  to  him.  All  would 
be  lost  if  any  indiscretion  should  expose  such  a  scheme,  which,  through 
ignorance  of  its  aim  and  results,  might  be  looked  upon  as  a  conspiracy, 
although  the  safety  of  the  state  is  its  only  aim.  No  others  should  be 
admitted  to  the  secret  except  those  directly  concerned  in  its  execution. 
Having  6nce  selected  the  leaders,  they  must  be  allowed  perfect  liberty 
in  respect  to  means  and  the  choice  of  agents,  for,  alas  !  our  misfortune 


14  TRANSLATIONS   AND   REPRINTS. 

is  such  that  we  must  proceed  with  the  same  mystery  in  doing  good  that 
the  enemies  of  our  country  employ  in  injuring  it.  The  following  are 
the  most  important  points  : — 

The  way  for  the  King's  withdrawal  would  be  prepared  and  the  atti- 
tude of  the  provinces  already  determined  by  certain  events  which  can 
easily  be  foreseen.  It  is  impossible  that  the  King's  real  want  of  free- 
dom, if  he  attempt  to  make  use  of  it,  should  not  be  clearly  proved  by 
refusals  or  by  insulting  precautions.  It  is  inevitable  that  the  militia 
of  Paris  will  exceed  their  true  functions  if  an  effort  is  made  to  reduce 
them  to  what  they  should  be.  It  is  impossible  that,  if  an  attempt 
should  be  made  to  negotiate  for  the  entire  freedom  of  the  King,  even 
on  condition  of  his  remaining  in  the  capital,  and  the  legislative  body 
were  appealed  to  for  support,  that  the  true  position  of  the  King  should 
not  be  immediately  revealed,  and  that  the  National  Assembly  should 
not  see  its  own  security  and  even  its  existence  threatened  within  the 
walls  of  Paris.  This  would  not  be  the  creation  of  a  new  order  of 
things,  but  a  demonstration  of  the  existing  status.  Nor  is  it  difficult 
to  foresee  that,  during  the  delay  which  the  departure  of  the  King  may 
demand,  we  shall  see  new  protests  from  the  parlements,  or  the  towns 
or  other  bodies  whose  ill  intentions  will  second,  in  a  sense,  the  public 
cause  by  showing  more  and  more  clearly  the  necessity  of  changing  the 
position  of  the  King.  The  reason  for  the  departure  of  the  King  will 
then  be  sufficiently  established.  The  public  safety  imperatively  de- 
mands it. 

Several  measures  should  be  taken  to  render  the  safety  of  the  King's 
withdrawal  not  even  uncertain.  His  guards  must  be  kept  systematically 
scattered.  There  are  a  thousand  pretexts  for  arranging  the  sudden 
assembling  of  10,000  men,  composed  exclusively  of  national  regiments, 
which  could  be  stationed  in  three  days  at  a  point  nearly  equally  distant 
from  Rouen  and  Paris,  and  about  twenty  or  twenty-five  leagues  from 
each  city.  If  the  provinces,  which  is  almost  impossible  to  conceive, 
should  misunderstand  this  step,  which  the  safety  of  all  demands, 
reliable  leaders  should  be  be  ready  to  form  a  second  line,  capable  of 
repressing  the  ill-disposed  and  of  cutting  off  communication  with  the 
suspected  districts.  This  precaution  would  give  time  to  enlighten  the 
people,  and  public  opinion  would  soon  constitute  itself  ;he  real  army 
of  defence.  All  this  can  easily  be  carried  out  without  the  aid  of  the 
ministers  and  by  means  of  special  influence  brought  to  bear  upon  the 
garrisons. 


MEMOIR   DRAWN   UP   BY   MIRABEAU.  1 5 

Having  taken  these  precautions,  the  King  may  leave  the  palace  in 
open  day  and  retire  to  Rouen.  He  should  select  that  city  or  its 
environs,  because  it  is  the  centre  of  the  kingdom,  because  a  military 
position,  taken  up  at  just  this  point,  commands  a  wide  range  of  water- 
ways, controls  the  food  supply  of  the  only  centre  of  resistance  which 
need  be  considered,  and  may  change  this  resistance  into  benedictions, 
if  the  beneficence  of  the  King,  his  efforts  and  personal  sacrifices,  should 
succeed  in  restoring  plenty.  Rouen  is  farther  to  be  selected,  inasmuch 
as  such  a  choice  proclaims  that  there  is  no  intention  of  flight,  and  that 
the  only  object  is  to  conciliate  the  provinces.  Normandy  is,  moreover, 
very  thickly  populated,  and  its  inhabitants  have  more  tenacity  than 
other  Frenchmen.  It  would  be  easy  to  unite  this  province  with  those 
of  Brittany  and  Anjou,  which  would  together  form  an  irresistible  force 
in  themselves. 

Before  the  King's  departure  a  proclamation  should  be  prepared, 
addressed  to  all  the  provinces,  in  which  the  King  should  say  among 
other  things,  that  he  is  about  to  throw  himself  into  the  arms  of  his 
people ;  that  violence  has  been  done  him  at  Versailles ;  that  he  was 
in  a  measure  watched  at  Paris,  and  was  not  free  to  come  and  go  as 
every  citizen  is  and  ought  to  be.  For  the  truth  of  these  statements 
proofs  should  be  furnished.  The  King  should  say,  moreover,  that  he 
recognizes  that  this  situation  serves  as  an  excuse  to  the  ill-disposed 
not  to  obey  the  decrees  of  the  National  Assembly  and  the  sanction 
given  by  him  to  these  decrees,  all  of  which  could  easily  compromise  a 
revolution  in  which  he  is  as  much  interested  as  the  most  ardent  friends 
of  liberty ;  that  he  hopes  to  be  inseparable  from  his  people,  and  that 
the  selection  which  he  has  made  of  Rouen  proves  this  beyond  contro- 
versy ;  that  he  is  the  first  king  of  his  race  who  has  formed  the  purpose 
of  investing  the  nation  with  all  its  rights,  and  that  he  has  persisted  in 
this  design  in  spite  of  his  ministers  and  the  counsels  by  which  princes 
are  corrupted  j  that  he  has  adopted  without  reserve  such  and  such 
decrees  of  the  National  Assembly ;  that  he  renews  his  sanction  and 
acceptance,  and  that  his  sentiments  in  this  matter  are  unchangeable. 
He  should  say,  further,  that  certain  other  decrees  do  not  seem  to  him 
quite  favorable  enough  to  his  people;  that  certain  others  have  not, 
perhaps,  been  sufficiently  maturely  considered,  and  that  he  is  anxious 
that  the  nation  should  have  an  opportunity  of  freely  reconsidering 
these  matters,  without,  however,  in  any  way  interfering  with  the  pro- 
visional observation  of  decrees  already  duly  passed. 


1 6  TRANSLATIONS   AND   REPRINTS. 

The  proclamation  should  announce  that  the  King  is  about  to  call 
the  National  Assembly  to  him  in  order  that  it  may  continue  its  work, 
but  that  he  will  soon  summon  a  new  convention  to  judge,  confirm, 
modify  and  ratify  the  work  of  the  first  Assembly ;  that  he  is  desirous 
above  all  that  the  national  debt  should  be  sacred ;  that  no  compromise 
is  possible,  since  this  is  a  matter  where  the  honor  of  the  nation,  and 
consequently  his  own,  is  concerned ;  neither  is  any  compromise  possible 
in  the  matter  of  the  continued  existence  of  the  parlements,  which  he 
has  always  regarded  as  the  greatest  scourge  of  his  people,  and  which 
the  National  Assembly  has  undoubtedly  delayed  too  long  in  abolish- 
ing; that  it  is  time  to  instruct  the  nation  that  these  bodies,  which 
claim  never  to  have  acted  otherwise  than  as  a  barrier  against  the 
King's  power,  are  no  less  the  enemy  of  the  nation  than  of  the  mon- 
arch ;  that  their  self-interest  and  ambition  have  always  been  the  real 
motive  for  their  assumed  watchfulness ;  that  their  true  purpose,  exhib- 
ited by  their  union  with  the  nobility,  with  all  the  discontented  elements, 
and  with  all  the  enemies  of  the  public  good,  is  to  found  their  power 
upon  anarchy,  to  destroy  the  bonds  of  obedience,  in  order  to  under- 
mine the  authority  of  the  King,  or  to  second,  on  occasion,  his  authority 
in  order  to  place  itself  in  opposition  to  the  nation  and  to  foster,  by  this 
balancing  and  opposition  of  forces,  a  judicial  aristocracy,  which  of  all 
forms  of  corrupt  government  would  obviously  be  the  most  tyrannical. 

The  King  should  state  that  he  is  ready  to  submit  to  the  greatest 
personal  sacrifices,  since  there  are  to  be  no  more  promises  of  economy 
which  are  never  carried  out ;  that  he  will  live  like  a  private  individual ; 
that  a  million  will  suffice  him  for  his  personal  expenses  and  those 
incurred  as  head  of  a  family ;  that  he  asks  no  more,  and  requires  but  a 
single  table  for  himself  and  his  family ;  that  all  the  luxury  of  the  throne 
should  consist  in  the  perfecting  of  the  civil  government  and  in  the  wise 
liberality  of  distinctly  national  outlays ;  that  the  creditors  of  the  gov- 
ernment are  no  longer  to  be  deluded  with  vain  promises;  that, 
compelled  as  they  are  to  submit  to  payment  in  partial  installments,  he 
asks  that  the  nation  pledges  at  least  all  available  property;  that  in 
order  to  escape  from  the  inextricable  confusion  of  the  public  finances, 
he  is  on  the  point  of  issuing  a  summons  to  all  the  creditors  of  the  state, 
in  order  to  learn  the  total  public  indebtedness,  and  will  negotiate  with 
the  representatives  of  these  creditors  in  order  to  submit  something 
other  to  them  than  uncertain  and  disastrous  operations,  which  can  only 
serve  to  render  the  nation  more  and  more  apprehensive. 


MEMOIR   DRAWN   Ul>  BY   MIRABEAU.  If 

The  King  should  declare  that,  although  he  has  resolved  upon  all 
possible  personal  sacrifice,  he  by  no  means  holds  that  the  same  retrench- 
ment can  be  applied  to  all  the  payments  which  have,  for  a  long  time, 
been  granted  to  a  host  of  citizens  who  have  at  present  no  other  means 
of  support,  and  he  requests  the  nation  to  consider  that  public  peace  is 
not  to  be  successfully  re-established  by  ruining  and  driving  to  despair 
so  many  thousand  persons ;  that  for  the  rest  he  takes  his  people  to 
witness  as  to  his  personal  conduct  in  the  past ;  that  he  will  not  subdue 
them  by  arms,  but  by  his  love ;  that  he  confides  his  honor  and  safety 
to  French  loyalty;  that  he  only  wishes  the  happiness  of  the  citizens; 
and  that  his  own  pleasure  is  of  no  further  importance.  This  procla- 
mation of  a  good  king,  this  peace  manifesto  at  once  firm  and  popular, 
ought  to  be  forwarded  by  extraordinary  couriers  to  all  the  provinces, 
and  all  those  in  command  should  be  notified  to  be  on  their  guard. 

Another  proclamation  should  be  sent  to  the  National  Assembly  to 
announce  the  departure  of  the  King  and  the  choice  of  a  place  to 
which  to  withdraw,  with  the  request  to  consider  whether  they  too  ought 
not  to  betake  themselves  thither.  The  King  should  set  forth  in  his 
letter  the  reasons  which  he  had  for  leaving  Paris.  The  Assembly  would 
undoubtedly 'adjourn  to  the  place  indicated  by  the  King  if  it  were  free 
to  do  so.  If,  after  deciding  upon  this,  it  should  be  clear  that  the 
members  were  not  free  to  go,  the  session  would  be  ipso  facto  termi- 
nated, even  if  illegally  prolonged.  And  if  the  Assembly  should  con 
tinue  to  deliberate  after  its  want  of  freedom  had  been  demonstrated, 
its  farther  proceedings  would  all  bear  the  stamp  of  violence.  If  the 
Assembly  should  vote  to  continue  its  sessions  at  Paris  in  spite  of  the 
decree  by  which  it  is  declared  inseparable  from  the  monarch,  such  a 
decision  could  only  be  dictated  by  fear  and  the  want  of  liberty.  But 
in  that  case  the  same  influences  would  be  seen  in  all  subsequent 
deliberations,  and  would  soon  be  revealed  and  recognized  in  the  prov- 
inces. The  existence  of  a  secret  constraint  would  be  proved  by  the 
confessions  of  individual  members  of  the  Assembly,  by  their  corres- 
pondence, and  by  hostile  demonstrations  at  Paris ;  there  would  thus  be 
every  reason  for  convoking  a  legislative  body.  In  any  case  the  King 
should  take  farther  measures,  either  through  his  present  ministry  or 
through  one  he  should  immediately  choose. 

Proclamations  should  follow  one  another,  and  the  King  should  by 
this  means  instruct  his  people  in  their  true  interests.  The  public 
creditors  having  been  called  together  and  organized,  it  ought  to  be 
easy  to  enter  into  very  fruitful  negotiations  with  them. 


1 8  TRANSLATIONS   AND   REPRINTS. 

The  prevailing  spirit  of  the  National  Assembly  will  necessarily  be 
partially  modified  by  the  alteration  of  public  opinion  in  the  provinces. 
If  any  district  should  offer  resistance,  the  executive  power,  authorized  by 
the  National  Assembly,  should  make  use  of  all  its  forces.  All  good 
citizens  everywhere  would  co-operate  with  the  King,  and  it  would  sooa 
be  clear  how  potent,  with  a  faithful  and  generous  nation,  is  the  respect 
and  affection  for  a  good  prince  who  has  ever  desired  the  good,  and 
who  is  himself  more  unhappy  than  his  people l 

The  only  point  upon  which  the  King  should  be  inflexible  is  the 
refusal  to  enter  into  any  plan  which  has  not,  for  its  single  aim,  the 
peace  and  safety  of  the  state  and  the  inseparability  of  monarch  and 
people.  This  inseparability  is  felt  in  the  heart  of  every  Frenchman. 
It  must  be  realized  in  action  and  in  the  forces  of  the  state. 


IV.  ORIGIN  OF  THE  JACOBIN  CLUB. 

Alexandra  de  Lameth,  L'histoire  de  1'Assemblee  Constituante,  I,  422. 
The  spontaneous  and  almost  inevitable  origin  of  the  Jacobin  Club  is  here  described 
by  one  of  its  former  prominent  members.  The  constitution  of  the  society  and  the 
lists  of  its  affiliated  clubs  (numbering  406  in  June,  1791),  are  given  by  Aulard  (La 
Societe  des  Jacobins  I,  xxviii.  ff  and  Ixxxi.  ff).  The  list  of  members  of  the  club  at 
Paris,  printed  December  21,  1790,  contained  more  than  noo  names.  (Aulard, 
xxxiii.  ff.) 

After  the  transfer  of  the  Assembly  to  Paris,  the  deputies  from  prov* 
inces  which  were  distant  from  the  capital,  and  who,  for  the  most  part, 
had  never  visited  Paris  (for  traveling  was  not  so  easy  then  as  it  is  now) 
experienced  a  sort  of  terror  at  the  idea  of  being  alone  and,  so  to  speak, 
lost  in  the  midst  of  this  huge  city.  They  almost  all,  consequently,, 
endeavored  to  lodge  as  near  as  possible  to  the  Assembly,  which  thea 
sat  near  the  Feuillants  (at  the  point  where  the  Rue  Rivoli  and  the  Ru« 
Castiglione  intersect)  in  order  that  they  might  be  easily  found  in  casa 
of  necessity.  But  they  were  desirous  that  there  should  also  be  a  place 
where  they  might  meet  to  agree  upon  the  direction  of  public  matters. 
They  applied  to  residents  of  the  capital  in  whom  they  had  confidence ; 
a  search  was  made  in  the  neighborhood  of  the  Assembly  and  the 
refectory  of  Convent  of  the  Jacobins  was  leased  for  two  hundred  francs 


1  Something  over  a  page,  here  omitted,  deals  with  questions  of  when  the  plan 
should  be  carried  out.  Mirabeau  says  preparations  should  be  begun  at  once,  and 
then  a  favorable  juncture  selected,  as  it  is  unsafe  to  wait  until  the  Constituantv 
breaks  up. 


ORIGIN   OF   THE   JACOBIN   CLUB.  19 

a  year.  The  necessary  furniture,  which  consisted  of  chairs,  and  tables 
for  the  committee,  was  procured  for  a  like  sum. 

At  the  first  session  about  one  hundred  deputies  were  present,  the 
next  day  double  that  number.  The  Baron  de  Menou  was  elected 
President,  and  Target,  Barnave,  Alexandre  Lameth,  Le  Chapelier  and 
Adrien  du  Port  were  elected  secretaries,  as  well  as  three  others  whose 
names  have  escaped  me.  A  committee  was  chosen  to  draw  up  a  list 
of  regulations:  Barnave  was  the  chairman.  The  society  determined 
on  the  name,  Friends  of  the  Constitution.  It  was  determined  that  all 
the  members  of  the  Assembly  should  be  admitted,  but  only  such  other 
persons  should  be  received  as  had  published  useful  works.  The  first 
to  be  thus  received  were  Condorcet,  the  Marquis  de  Casotte,  a  distin- 
guished economist,  the  Abbe"  Lecamus,  a  mathematician,  and  a  small 
number  of  other  savants  or  publicists. 

The  aim  of  the  Society  of  the  Friends  of  the  Constitution  was  to 
discuss  questions  which  were  already  or  were  about  to  be  placed  upon 
the  calendar  of  the  National  Assembly.  It  cannot  be  denied  that, 
inasmuch  as  the  non-deputies  exercised  no  influence  upon  these  dis- 
cussions, they  often  had  more  force  and  brilliancy  than  in  the  Assembly 
itself,  where  one  found  himself  hindered  by  the  violent  contradictions 
of  the  right  wing,  and  often  intimidated  by  a  crowd  of  spectators. 
This  preliminary  consideration  shed  a  great  deal  of  light  upon  the 
discussions.  The  resolve  to  decide  within  the  society  itself,  by  pre- 
liminary ballots,  the  nominees  for  president,  secretaries  and  the  com- 
mittees of  the  Assembly,  proved  a  great  advantage  to  the  popular 
party.  For  from  that  time  the  elections  were  almost  always  carried 
by  the  left,  although  up  to  that  time  they  had  been  almost  entirely 
controlled  by  the  right.  Camus,  an  ecclesiastical  lawyer,  then  presi- 
dent and  since  become  a  Republican,  had  been  elected  by  the  aris- 
tocracy. 

The  number  of  the  deputies  who  customarily  frequented  the  Society 
of  the  Friends  of  the  Constitution  quickly  rose  to  nearly  four  hundred. 
The  number  of  writers  also  increased  in  a  marked  ratio.  But  it  was 
not  long  before  the  condition  of  having  published  a  useful  book  was  no 
longer  required  for  admission  to  the  Society,  and  it  was  decided  that 
it  was  sufficient  to  have  been  recommended  by  six  members.  The 
organization  then  grew  larger,  and  no  longer  possessed  the  same  solidity 
in  its  composition.  Very  soon  the  place  of  meeting  became  insuffi- 
cient, and  permission  was  obtained  of  the  monks  of  the  convent  to 
meet  in  their  library  and  later  in  their  church. 


20  TRANSLATIONS   AND   REPRINTS. 

Along  in  December,  1789,  many  of  the  leading  inhabitants  of  the 
provinces,  having  come  to  Paris  either  on  private  business  or  to  follow 
more  closely  the  course  of  public  affairs,  had  themselves  introduced  at 
the  society  and  expressed  a  desire  to  establish  similar  ones  in  the  chief 
cities  of  France.  For  they  felt  that  these  associations  of  citizens  intent 
upon  defending  the  cause  of  public  interest  would  form  an  efficient 
means  of  counteracting  the  violent  opposition  of  the  aristocracy,  which 
had  not  yet  lost  the  power  which  it  had  so  long  exercised. 

V.  ADDRESS  OF  THE  NATIONAL  ASSEMBLY  TO  THE  FRENCH 
PEOPLE,  FEB.  n,  1790. 

Buchez  et  Roux,  Histoire  Parlementaire,  Vol.  IV,  pp.  329  sqq. 

The  National  Assembly,  as  it  progresses  in  its  work,  is  receiving  upon 
every  hand  the  felicitations  of  the  provinces,  cities,  and  villages,  testi- 
monials of  the  public  satisfaction  and  expressions  of  grateful  apprecia- 
tion; but  murmurs  reach  it  as  well  from  those  who  are  affected  or 
injured  by  the  blows  aimed  at  so  many  abuses  and  prejudices.  While 
occupied  with  the  welfare  of  all,  the  Assembly  is  solicitous  in  regard 
to  individual  ills.  It  can  forgive  prejudice,  bitterness  and  injustice,  but 
it  feels  it  to  be  one  of  its  duties  to  warn  you  against  the  influence  of 
calumny,  and  to  quiet  the  empty  terrors  which  some  are  vainly  trying 
to  arouse  in  you.  To  what  have  they  not  resorted  in  order  to  mislead 
and  discourage  you?  They  pretend  to  be  unaware  of  the  good  that 
the  National  Assembly  has  accomplished ;  this  we  propose  to  recall  to 
your  mind ;  objections  have  been  raised  against  what  has  been  done ; 
these  we  propose  to  meet ;  they  have  disseminated  doubts  and  anxiety 
as  to  what  we  propose  to  do  in  the  future ;  this  we  will  explain  to  you. 

What  has  the  Assembly  accomplished  ?  In  the  midst  of  storms,  it 
has,  with  a  firm  hand,  traced  the  principles  of  a  constitution  which  will 
assure  your  liberty  for  ever.  The  rights  of  man  had  been  misconceived 
and  insulted  for  centuries;  they  have  been  re-established  for  all 
humanity  in  that  declaration,  which  shall  serve  as  an  everlasting  war-cry 
against  oppressors  and  as  a  law  for  the  legislators  themselves.  The 
nation  had  lost  the  right  to  decree  both  the  laws  and  the  taxes ;  this 
right  has  been  restored  to  it,  while  at  the  same  time  the  true  principles 
of  monarchy  have  been  solemnly  established,  as  well  as  the  invioliability 
of  the  august  head  of  the  nation  and  the  heredity  of  the  throne  in  a 
family  so  dear  to  all  the  French.  Formerly  you  had  only  the  Estates 


ADDRESS   OF   THE   NATIONAL   ASSEMBLY.  21 

General,  now  you  have  a  National  Assembly  of  which  you  can  never  be 
again  deprived.  In  the  Estates  General,  the  orders,  which  were  neces- 
sarily at  odds  and  under  the  domination  of  ancient  pretentions,  dictated 
the  decrees  and  could  check  the  free  action  of  the  national  will.  These 
orders  no  longer  exist ;  all  have  disappeared  before  the  honorable  title 
of  citizen.  All  being  citizens  alike,  you  demanded  citizen-defenders 
and,  at  the  first  summons,  the  National  Guard  arose,  which,  called 
together  by  patriotism  and  commanded  by  honor,  has  everywhere 
maintained  or  established  order  and  watches  with  untiring  zeal  over  the 
safety  of  each  for  the  benefit  of  all. 

Privileges  without  number,  irreconcilably  at  enmity  with  every  good, 
made  up  our  entire  public  law.  These  have  been  destroyed  and  at  the 
word  of  this  Assembly,  the  provinces  which  were  the  most  jealous  of 
theirs,  applauded  their  disappearance,  feeling  that  they  gained  rather 
than  lost  thereby.  A  vexatious  feudal  system,  powerful  even  in  ;ts 
ruin,  covered  the  whole  of  France ;  it  has  now  disappeared  never  to 
return.  In  the  provinces,  you  were  subject  to  a  harassing  administra- 
tion ;  from  this  you  have  been  freed.  Arbitrary  commands  threatened 
the  liberty  of  the  citizens;  they  have  been  done  away  with.  You 
desired  a  complete  organization  of  the  municipalities ;  this  you  have 
just  received  and  the  creation  of  these  bodies,  chosen  by  your  votes, 
offers,  at  this  moment,  a  most  imposing  spectacle.  At  the  same  time, 
the  National  Assembly  has  finished  the  task  of  a  new  division  of  th* 
kingdom  which  alone  might  serve  to  remove  the  last  trace  of  former 
prejudices,  substitute  for  provincial  selfishness  the  true  love  for  one*, 
country,  serve  as  the  basis  of  a  just  system  of  representation,  and  deter 
mine  the  rights  at  once  of  every  man  and  of  every  canton  in  proportion 
to  the  importance  of  their  relations  to  the  state.1  This  was  a  difficult 

problem  whose  solution  remained  unknown  until  our  day *    This, 

Frenchmen,  is  our  work,  or  rather  yours,  for  we  are  only  your  organ 
and  you  have  enlightened,  encouraged  and  sustained  us  in  our  laboru. 
What  a  glorious  period  is  this  which  we  at  last  enjoy  !  How  honorable 


*A  reference  to  the  complicated  system  of  apportioning  the  representation,  the 
constitution  of  1791  providing  (Chap.  I.,  IF  I,  Ait.  2,)  that  the  745  seats  in  the 
legislative  body  should  be  distributed  among  the  83  departments  according  to  (»} 
the  area  of  each,  (2)  the  number  of  its  inhabitants,  and  (3)  the  amount  of  direct 
taxes  it  paid. 

1  The  enumeration  of  a  few  farther  reforms  is  here  omitted.  The  Assembly  notes 
the  abolition  of  the  sale  of  offices  and  the  partial  extinction  of  the  Gabelle. 


22  TRANSLATIONS   AND    REPRINTS. 

the  heritage  which  you  may  transmit  to  your  posterity !  Raised  to 
the  rank  of  citizens,  admissible  to  every  form  of  employment,  enlight- 
ened censors  of  the  administration  when  it  is  not  actually  in  your  hands, 
certain  that  all  will  be  done  by  you  and  for  you,  equal  before  the  law, 
free  to  act,  to  speak,  to  write ;  owing  no  account  to  individuals  but 
always  to  the  common-will ;  what  condition  more  happy  !  Is  there  a 
single  citizen  worthy  of  the  name,  who  would  dare  look  back,  who 
would  re-build  once  more  the  ruins  which  surround  us,  in  order  again 
to  contemplate  the  former  structure? 

Yet  what  has  not  been  said  and  done  to  weaken  the  natural  impres- 
sions which  such  advantages  should  produce  upon  you?  It  is  urged 
that  we  have  destroyed  everything ;  everything  must,  then,  be  recon- 
structed. But  what  is  there  which  need  be  so  much  regretted  ?  If  we 
would  know,  let  those  be  questioned  in  regard  to  the  objects  of  reform 
or  destruction  who  did  not  profit  by  them ;  let  even  men  of  good  faith 
be  questioned  who  did  profit  by  them.  But  let  us  leave  one  side  those 
who,  in  order  to  ennoble  the  demands  of  purely  personal  interests,  now 
choose  as  the  objects  of  their  commiseration  the  fate  of  those  to  whom 
they  were  formerly  quite  indifferent.  We  may  then  jndge  if  each  sub- 
ject of  reform  does  not  enjoy  the  approval  of  all  of  those  whose 
opinions  should  be  considered.  Some  say  that  we  have  acted  too 
precipitately ;  as  many  others  proclaim  that  we  have  been  too  deliber- 
ate. Too  much  precipitation  !  Does  not  every  one  know  that  only  by 
attacking  and  overthrowing  all  the  abuses  at  the  same  time  can  we 
hope  to  be  freed  from  them  without  danger  of  their  return ;  that  then, 
and  then  only,  every  one  becomes  interested  in  the  re-establishment  of 
order ;  that  slow  and  partial  reforms  have  always  resulted  in  no  reform 
at  all  and  that  an  abuse  preserved  becomes  the  support,  and  before 
long,  the  means  of  restoring  all  those  which  we  thought  to  have 
destroyed  ?  Our  meetings  are  said  to  be  disorderly — what  of  that,  if 
the  decrees  which  proceed  from  them  are  wise?  We  are  indeed  far 
from  wishing  to  hold  up  for  your  admiration  the  details  of  all  our 
debates.  More  than  once  they  have  been  a  source  of  annoyance  to 
us,  but  at  the  same  time  we  have  felt  that  it  was  very  unjust  to  take 
advantage  of  this  disorder;  and  indeed  this  impetuosity  is  the  almost 
inevitable  effect  of  the  first  conflict  which  has  perhaps  ever  been  fought 
by  every  right  principle  against  every  form  of  error. 

We  are  accused  of  having  aspired  to  a  chimerical  perfection.  A 
curious  reproach  indeed,  which,  if  one  looks  at  it  closely,  proves  to  be 


ADDRESS   OF   THE   NATIONAL   ASSEMBLY.  23 

only  an  ill-disguised  desire  for  the  perpetuation  of  the  abuses.  The 
National  Assembly  has  not  allowed  itself  to  be  influenced  by  motives 
of  servile  interest  or  pusillanimity.  It  has  had  the  courage,  or  rather 
the  sense,  to  believe  that  useful  ideas,  essential  to  the  human  race,  were 
not  destined  simply  to  adorn  the  pages  of  a  book,  and  that  the  Supreme 
Being  when  he  granted  the  attribute  of  perfectibility  to  man,  did  not 
forbid  him  to  apply  this  peculiar  appanage  of  his  nature  to  the  social 
organization,  which  has  become  the  most  comprehensive  of  his  interests 
and  almost  the  most  important  of  his  needs.  It  is  impossible,  some 
say,  to  regenerate  an  old  and  corrupt  nation.  Let  such  objectors  learn 
that  there  is  nothing  corrupt  but  those  who  wish  to  perpetuate  corrupt- 
ing abuses,  and  that  a  nation  becomes  young  again  the  moment  it 
resolves  to  be  born  anew  in  liberty.  Behold  the  regeneration,  how  the 
nation's  heart  already  beats  with  joy  and  hope  and  how  pure,  elevated 
and  patriotic  are  its  sentiments  !  With  what  enthusiasm  do  the  people 
daily  solicit  the  honor  of  being  allowed  to  take  the  oath  of  citizen ! 
•^-but  why  consider  so  despicable  a  reproach?  Shall  the  National 
Assembly  be  reduced  to  excuse  itself  for  not  having  rendered  the  French 
people  desperate? 

But  we  have  done  nothing  for  the  people,  their  pretended  friends 
cry  on  all  sides.  Yet  it  is  the  people's  cause  which  is  everywhere 
triumphant.  Nothing  done  for  the  people !  Does  not  every  abuse 
which  is  abolished  prepare  the  way  for  and  assure  them  relief?  Is  there 
an  abuse  which  does  not  weigh  upon  the  people?  They  do  not  com- 
plain— it  is  because  the  excess  of  their  ills  has  stifled  complaint.  They 
are  now  unhappy — say  better  that  they  are  still  unhappy — but  not  for 
long ;  that  we  swear. 

We  have  destroyed  the  power  of  the  executive — No,  say  rather  the 
power  of  the  ministers,  which,  in  reality,  formerly  destroyed  or  often 
degraded  the  executive  power.  We  have  enlightened  the  executive 
power  by  showing  it  its  true  rights ;  we  have,  above  all,  ennobled  it  by 
bringing  it  to  the  true  source  of  its  power,  the  power  of  the  people.  The 
executive  power  is  now  without  force — against  the  constitution  and  the 
law,  that  is  true,  but  in  support  of  them,  it  will  be  more  powerful  than 
ever  before. 

The  people  is  aroused — Yes,  for  its  defence,  and  with  reason.  But, 
it  is  urged,  in  several  places  there  have  been  unfortunate  occurrences. 
Should  the  National  Assembly  be  reproach ed  for  these?  Should  dis- 
asters be  attributed  to  it  which  it  mourns,  which  it  would  have 


24  TRANSLATIONS  AND   REPRINTS. 

prevented  and  arrested  by  the  force  of  its  decrees,  and  which  the  here- 
after indissolvable  union  between  the  two  powers  and  the  irresistible 
action  of  all  the  national  forces  will  doubtless  check? 

We  have  exceeded  our  powers.  The  reply  is  simple.  We  were 
incontestably  sent  to  make  a  constitution,  this  was  the  wish  and  the 
need  of  the  whole  of  France.  But  was  it  possible  to  create  a  constitu- 
tion and  form  an  even  imperfect  body  of  constitutional  decrees,  without 
the  plentitude  of  power  which  we  have  exercised.  We  will  say  more : 
without  the  National  Assembly  France  was  lost ;  without  the  recogni- 
tion of  the  principle  which  has  governed  all  our  decrees,  of  submitting 
the  decision  of  every  matter  to  a  majority  of  votes,  freely  cast,  it  is 
impossible  to  conceive,  we  will  not  say  a  constitution,  but  even  the 
prospect  of  destroying  permanently  the  least  of  the  abuses.  This 
principle  embodies  an  eternal  truth  and  has  been  recognized  through- 
out France.  It  receives  recognition  in  a  thousand  ways  in  the  numer- 
ous ratifications  [addresses  d' adhesion]  which  oppose  the  swarm  of 
libels  reproaching  us  for  exceeding  our  powers.  These  addresses, 
felicitations,  compliments  and  patriotic  resolutions,  what  a  conclusive 
conformation  do  they  constitute  of  those  powers  which  some  would 
contest ! 

These,  Frenchmen,  are  the  reproaches  which  have  been  directed 
against  your  representatives  in  the  mass  of  culpable  writings  in  which 
a  tone  of  civic  grief  is  assumed.  But  their  authors  flatter  themselves 
in  vain  that  we  are  to  be  discouraged.  Our  courage  is  redoubled,  you 
will  not  long  wait  for  the  results * 

What  have  you  to  fear?  Nothing,  nothing  except  a  fatal  impatience. 
Wait  but  a  little ;  it  is  after  all  for  liberty  that  you  have  granted  so 
many  centuries  to  despotism.  Friends,  Citizens,  exercise  a  generous 
not  a  servile  patience.  Do  this  in  the  name  of  your  fatherland,  for 
you  now  have  one :  in  the  name  of  your  king ;  for  you  now  have  a 
king.  He  is  yours,  no  longer  the  king  of  a  few  thousand  men,  but  king 
of  the  French,  of  all  the  French.  He  may  now  well  despise  and  hate 
despotism,  as  king  of  a  free  people,  and  realize  the  falsity  of  the  lying 
deceptions  maintained  by  his  court,  who  called  themselves  his  people ! 
These  illusions  surrounded  him  in  his  cradle  and  were  intentionally 
made  a  part  of  his  royal  education,  for  it  has  been  the  habit  from  all 

1The  reforms  which  the  Assembly  announces  for  the  future  are  omitted  here.  The 
chief  were  an  enlightened  system  of  taxes,  a  reorganization  of  the  church,  new  codes 
Of  the  criminal  and  civil  law,  and  a  national  system  of  education. 


CIVIL   CONSTITUTION   OF   THE   CLERGY.  25 

time  to  inculcate  them  in  the  minds  of  kings,  so  that  their  errors  might 
constitute  the  patrimony  of  the  court.  But  the  king  is  yours;  how 
dear  he  is  to  us !  Would  you,  after  the  people  have  become  his 
court,  refuse  him  the  peace  and  happiness  which  he  merits?  Here- 
after let  him  encounter  no  more  of  the  violent  scenes  which  have  so 
grieved  his  heart.  Let  him  see,  on  the  contrary,  that  order  is  being 
restored,  property  is  everywhere  respected  and  defended,  that  you 
receive  and  place  under  the  aegis  of  law  both  friend  and  enemy  of  your 
cause,  both  the  innocent  and  the  guilty,  for  no  one  is  longer  held  guilty 
until  the  sentence  has  been  passed  upon  him.  Let  your  estimable 
monarch  perceive  more  of  the  generous  traits  and  noble  examples 
which  have  shed  such  honor  upon  the  cradle  of  French  liberty,  in  the 
protection  and  defense  of  your  adversaries  whom  you  cover  with  your 
own  person.  Astonish  him  with  your  virtue  and  thus  grant  him  the 
reward  of  his  own,  by  hastening  the  moment  when  he  may  enjoy  public 
tranquility  and  the  spectacle  of  your  felicity. 

As  for  us  we  will  pursue  our  laborious  task,  devoting  and  consecrat- 
ing ourselves  to  the  great  work  of  drawing  up  the  constitution — your 
work  as  well  as  ours.  We  will  complete  it,  assisted  by  the  wisdom  of 
all  France.  Having  conquered  all  obstacles,  with  a  satisfied  conscience, 
assured  of  your  future  happiness  and  rejoicing  in  it  by  anticipation,  we 
will  place  in  your  hands  the  constitution,  as  a  sacred  trust,  under  the 
protection  of  new  virtues,  of  which  the  germ,  implanted  in  your  bosoms, 
has  developed  in  the  first  dawn  of  liberty. 

VI.  THE  CIVIL  CONSTITUTION  OF  THE  CLERGY. 
1A   /^Frocks-verbal  d£4' Assemble  Nationale  (in  75  vols.),  No.  346  (under  July  12,  1790). 
The  reorganization  of  the  Church  which  followed  upon  the  confiscation  of  its  vast 
possessions  is  an  excellent  illustration  of  the  spirit  of  the  National  Assembly.     The 
demaad  for  complete  uniformity  and  simplification  is  especially  pronounced  in  the 
reform  of  this  most  venerable  institution  of  France,  the  anomalies  and  intricacies  of 
which  were  hallowed  not  only  by  age,  but  by  religious  veneration. 

PROCLAMATION   OF   THE   KING. 

In  regard  to  the  Decrees  of  the  National  Assembly  relating  to  the 
Civil  Constitution  of  the  Clergy  and  the  regulation  of  their  salaries, 
August  24,  1790. 

The  decree,  having  been  examined  \yu~\  by  the  king,  is  as  follows  : 

DECREE  OF  THE  NATIONAL  ASSEMBLY,   JULY    12,   1790,   RELATING  TO  THE 
CTVIL  CONSTITUTION  OF  THE   CLERGY. 

The  National  Assembly,  after  having  heard  the  report  of  the  Eccle- 


26  TRANSLATIONS  AND    REPRINTS. 

siastical  Committee,  has  decreed  and  do  decree  the  following  as  consti- 
tutional articles : — 

TITLE   I. 

ARTICLE  I.  Each  department  shall  form  a  single  diocese,  and  each 
diocese  shall  have  the  same  extent  and  the  same  limits  as  the  depart- 
ment. 

II.  The  seat  of  the  bishoprics  of  the  eighty-three  departments  of 
the  kingdom  shall  be  established  as  follows :  That  of  the  Department 
of  the  Lower  Seine  at  Rouen ;  that  of  the  Department  of  Calvados  at 
Bayeux ! 

All  other  bishoprics  in  the  eighty-three  departments  of  the  kingdom, 
which  are  not  included  by  name  in  the  present  article  are,  and  forever 
shall  be,  abolished. 

The  kingdom  shall  be  divided  into  ten  metropolitan  districts,  of 
which  the  sees  shall  be  situated  at  Rouen,  Rheims,  Besancon,  Rennes, 
Paris,  Bourges,  Bordeaux,  Toulouse,  Aix  and  Lyons.  These  arch- 
bishoprics shall  have  the  following  denominations :  That  of  Rouen 
shall  be  called  the  Archbishopric  of  the  Coast  of  the  Channel * 

III 3 

IV.  No  church  or  parish  of  France  nor  any  French   citizen   may 
acknowledge  upon  any  occasion  or  upon  any  pretext  whatsoever,  the 
authority  of  an  ordinary  bishop  or  of  an  archbishop  whose  see  shall  be 
under  the  supremacy  of  a  foreign  power,  nor  that  of  their  representa- 
tives residing  in  France  or  elsewhere ;  without  prejudice,  however,  to 
the  unity  of  the  faith  and  the   intercourse  which  shall  be  maintained 
with  the  Visible  Head  of  the  Universal  Church,  as  hereafter  provided. 

V.  After  the  bishop  of  a  diocese  shall  have  rendered  his  decision  in 
his  synod  upon  the  matters  lying  within  his  competence  an  appeal  may 
be  carried  to  the  archbishop,  who  shall  give  his  decision  in  the  metro- 
politan synod. 

VI.  A  new  arrangement  and  division  of  all  the  parishes  of  the  king- 
dom shall  be  undertaken  immediately  in  concert  with  the  Bishop  and 
the  District  Administration.     The  number  and  extent  of  the  parishes 
shall  be  determined  according  to  rules  which  shall  be  laid  down. 

VII.  The  cathedral  church  of  each  diocese  shall  be  restored  to  its 
primitive  condition  and  be  hereafter  at  once  the  church  of  the  parish 

1  The  names  of  the  remaining  episcopal  sees  are  here  omitted. 
'The  remaining  names  of  the  archbishoprics  are  here  omitted. 
'  This  article  enumerates  the  departments  included  in  each  archbishopric. 


CIVIL   CONSTITUTION   OF  THE   CLERGY.  27 

and  of  the  diocese.     This  shall  be  accomplished  by  the  suppression  of 
parishes  and  by  the  redistribution  of  dwellings  which  it  may  be  deemed 
necessary  to  include  in  the  new  parish. 
VIII ' 

XIV.  The  vicars  of  the  cathedral  churches,2  the  superior  vicar  and 
the  directing  vicars  of  the  seminary  shall  form  the  regular  and  perma- 
nent Council  of  the  Bishop,  who  shall  perform  no  official  act  which 
concerns  the  government  of  the  diocese  or  of  the  seminary  until  he 
has  consulted  them.     The  bishop  may,  however,  in  the  course  of  his 
visits  issue  such  provisional  ordinances  as  may  be  necessary. 

XV.  There  shall  be  but  a  single  parish  in  all  cities  and  towns  having 
not  more  than  6000  inhabitants.     The  other  parishes  shall  be  abolished 
or  absorbed  into  that  of  the  episcopal  church. 

XVI.  In  cities  having  a  population  of  more  than  6000  inhabitants  a 
parish  may  include  a  greater  number  of  parishioners,  and  as   many 
parishes  shall  be  perpetuated  as  the  needs  of  the  people  and  localities 
shall  require. 

XVII.  The  administrative  assemblies,  in  concert  with  the  bishop  of 
the  diocese  shall  indicate  to  the  next  legislative  assembly,  the  country 
and  subordinate  urban  parishes3  which  ought  to   be    contracted   or 
enlarged,  established  or  abolished,  and  shall  indicate  farther  the  limits 
of  the  parishes  as  the  needs  of  the  people,  the  dignity  of  religion  and 
the  various  localities  shall  require. 

XVIII. * 

XX.  All  titles  and  offices  other  than  those  mentioned  in  the  present 
constitution,  dignites?  canonries,  prebends,  half-prebends,  chapels, 
chaplainships,  both  in  cathedral  and  collegiate  churches,  all  regular  and 
secular  chapters  for  either  sex,  abbacies  and  priorships,  both  regular 
and  in  commendam,  for  either  sex,  as  well  as  all  other  benefices  and 
prestimonies  in  general,  of  whatever  kind  or  denomination,  are  from 

1  Articles  VIII.  to  XIIL,  here  omitted,  regulate  the  organization  of  the  cathedral 
church  and  provide  for  one  seminary  in  each  diocese. 

J  Article  IX.  provides  for  twelve  of  these  vicars  in  cathedral  towns  having  less  than 
IO,ooo  inhabitants,  and  for  sixteen  in  the  larger  places. 

*Paroisses  annexes  ou  succursales  des  miles  or  "  chapels  of  ease,"  where  a  curate 
officiates. 

•Articles  XVIII.-XIX.,  here  omitted,  relate  to  details  in  the  new  division. 

5  This  is  a  broad  term,  and  refers  to  the  benefices  to  which  some  jurisdiction  or 
pre-eminence  in  the  chapter  was  attached,  as  those  of  provost,  dean,  archdeacon,  etc. 
See  Littr6  sub  verbo. 


28  TRANSLATIONS   AND   REPRINTS. 

the  day  of  this  decree  extinguished  and  abolished  and  shall  never  be 
re-established  in  any  form. 
XXI l 

TITLE   II. 

ARTICLE  I.  Beginning  with  the  day  of  publication  of  the  present 
decree  there  shall  be  but  one  mode  of  choosing  bishops  and  parish 
priests,  namely  that  of  election. 

II.  All  elections  shall  be  by  ballot  and  shall  be  decided  by  the  abso- 
lute majority  of  the  votes. 

III.  The  election  of  bishops  shall  take  place  according  to  the  forms 
and  by  the  electoral  body  designated  in  the  decree  of  December  22, 
1789,  for  the  election  of  members  of  the  Departmental  Assembly. 

IV * 

VI.  The  election  of  a  bishop  can  only  take  place  or  be  undertaken 
upon  Sunday,  in  the  principal  church  of  the  chief  town  of  the  depart- 
ment, at  the  close  of  the  parish  mass,  at  which  all  the  electors  are 
required  to  be  present. 

VII.  In  order  to  be  eligible  to  a  bishopric  one  must  have  fulfilled 
for  fifteen  years  at  least  the  duties  of  the  church  ministry  in  the  diocese 
as  a  parish  priest,  officiating  minister  or  curate  or  as  superior  or  as 
directing  vicar  of  the  seminary. 

VIII 8 

XVII.  The  archbishop  or  senior  bishop  of  the  province  shall  have 
the  right  to  examine  the  bishop-elect  in  the  presence  of  his  council 
upon  his  belief  and  his  character.     If  he  deems  him  fit  for  the  position 
he  shall  give  him  the  canonical  institution.     If  he  believes  it  his  duty 
to  refuse  this,  the  reasons  for  his  refusal  shall  be  recorded  in  writing 
and  signed  by  the  archbishop  and  his  council,  reserving  to  the  parties 
concerned  the  right  to  appeal  on  the  ground  of  an  abuse  of  power  as 
hereinafter  provided.* 

XVIII.  The  bishop  applied  to  for  institution  may  not  exact  of  the 


1  Articles  XXI.-XXV.,  here  omitted,  relate  to  the  rights  of  private  individuals  in 
the  matter  of  foundations  and  of  collation  to  certain  benefices. 

•Articles  IV .-V.,  here  omitted,  relate  to  the  announcement  of  pending  elections. 

8  Articles  VIII.-XVI.,  designate  those  of  the  existing  clergy  who  are  eligible,  and 
add  some  details  in  regard  to  the  forms  of  announcing  the  results  of  the  elections. 

4  The  right  of  appeal  to  the  civil  power  in  case  of  a  refusal  to  confirm  the  person 
elected,  which  was  also  permitted  to  the  ordinary  priests  (Art.  XXXVI.),  is  not 
mentioned  later  in  the  document. 


CIVIL   CONSTITUTION   OF  THE   CLERGY.  29 

person  elected  any  form  of  oath  except  that  he  makes  profession  of  the 
Roman  Catholic  and  Apostolic  religion. 

XIX.  The  new  bishop  may  not  apply  to  the  pop^e  for  any  form  of 
conformation  but  shall  write  to  him  as  to  the  visible  Head  of  the  Uni- 
versal Church  as  a  testimony  to  the  unity  of  faith  and  communion 
maintained  with  him. 

XX 1 

XXI.  Before  the  ceremony  of  consecration  begins,  the  bishop-elect 
shall  take  a  solemn  oath  in  the  presence  of  the  municipal  officers,  of 
the  people  and  of  the  clergy  to  guard  with  care  the  faithful  of  his 
diocese  who  are  confided  to  him,  to  be  loyal  to  the  Nation,  the  Law 
and  the  King  and  to  support  with  all  his  power  the  constitution  decreed 
by  the  National  Assembly  and  accepted  by  the  King. 

XXII ' 

XXV.  The  election  of  the  parish  priests  shall  take  place  according 
to  the  forms  and  by  the  electors  designated  in  the  decree  of  December 
22,  1789,  for  the  election  of  members  of  the  Administrative  Assembly 
of  the  District. 

XXVI 8 

XXIX.  Each  elector,  before  depositing  his  ballot  in  the  ballot-box, 
shall  take  oath  to  vote  only  for  that  person  whom  he  has  conscientiously 
selected  in  his  heart  as  the  most  worthy,  without  having  been  influenced 
by  any  gift,  promise,  solicitation  or  threat.  The  same  oath  shall  be  re- 
quired at  the  election  of  the  bishops  as  in  the  case  of  the  parish  priests. 

XXX * 

XL.  Bishoprics  and  cures  shall  be  looked  upon  as  vacant  until  those 
elected  to  fill  them  shall  have  taken  the  oath  above  mentioned. 

XLI 5 

TITLE    HI. 

ARTICLE  I.  The  ministers  of  religion,  performing  as  they  do  the  first 
and  most  important  functions  of  society  and  forced  to  live  continuously 


1  Relates  to  the  ceremony  of  consecration. 

a  Articles  XXII. -XXIV.  provide  for  the  appointment  of  the  vicars  of  the  cathedral 
churches  and  of  the  seminaries. 

3  Articles  XXVI.-XXVIII.  relate  to  the  details  of  the  election. 

*The  regulations  relating  to  the  eligibility,  election,  obligations  and  consecration  of 
the  priests  contained  in  Articles  XXX. -XXXIX.  are  very  similar,  mutatis  mutandis, 
to  those  which  apply  to  the  bishops. 

8  Articles  XLI.-XLIV.  relate  to  vacancies  and  the  choice  of  curates. 


3O  TRANSLATIONS   AND   REPRINTS. 

in  the  place  where  they  discharge  the  offices  to  which  they  have  been 
called  by  the  confidence  of  the  people,  shall  be  supported  by  the  nation. 

II.  Every  bishop,  priest  and  officiating  clergyman  in  a  chapel  of 
ease,  shall  be  furnished  with  a  suitable  dwelling  on  condition,  however, 
that  the  occupant  shall  make  all  the  necessary  current  repairs.     This 
shall  not  affect  at  present,  in  any  way,  those  parishes  where  the  priest 
now  receives  a  money  equivalent  instead  of  his  dwelling.     The  depart- 
ments shall,  moreover,  have  cognizance  of  suits  arising  in  this  connec- 
tion, brought  by  the  parishes   and  by  the  priests.     Salaries  shall  be 
assigned  to  each,  as  indicated  below. 

III.  The  Bishop  of  Paris  shall  receive  50,000  livres ;  the  bishops  of 
cities  having  a  population  of  50,^00  or   more,  20,000  livres;  other 
bishops,  12,000  livres. 

IV 1 

V.  The  salaries  of  the  parish  priests  shall  be  as  follows :  In  Paris, 
6000  livres;  in  cities  having  a  population  of  50,000  or  over,  4000 
livres  ;  in  those  having  a  population  of  less  than  50,000  and  more  than 
10,000,  3000  livres;  in  cities  and  towns  of  which  the  population  is 
below  10,000  and  more  than  3000,  2400  livres. 

In  all  other  cities,  towns  and  villages  where  the  parish  shall  have  a 
population  between  3000-2500,  2000  livres ;  in  those  between  2500 
and  2000,  1800  livres  ;  in  those  having  a  population  of  less  than  2000, 
and  more  than  1000,  the  salary  shall  be  1500  livres ;  in  those  having 
1000  inhabitants  and  under,  1200  livres. 

VI a 

VII.  The  salaries  in  money  of  the  ministers  of  religion  shall  be  paid 
every  three  months,  in  advance,  by  the  treasurer  of  the  district. 


XI.  The  schedule  fixed  above  for  the  payment  of  the  ministers  of 
religion  shall  go  into  effect  upon  the  day  of  publication  of  this  decree, 
but  only  in  the  case  of  those  who  shall  be  afterward  provided  with 
ecclesiastical  offices.  The  remuneration  of  the  present  holders,  both 
those  whose  offices  or  functions  are  abolished  and  those  whose  titles 
are  retained,  shall  be  fixed  by  a  special  decree. 


1  Article  IV.  fixes  the  salaries  of  the  vicars  of  cathedral  churches.     These  ranged 
from  6000-2000  livres. 

2  The  salaries  of  the  curates,  fixed  by  Article  VI.  ranged  from  2400  livres  at  Paris 
to  700  in  the  small  places. 

-'Articles  VIII. -X.  relate  to  vacancies  and  pensions. 


CIVIL   CONSTITUTION   OF   THE   CLERGY.  3! 

XII.  In  view  of  the  salary  which  is  assured  to  them  by  the  present 
constitution,  the  bishops,  parish  priests  and  curates  shall  perform  the 
episcopal  and  priestly  functions  gratis. 

TITLE   IV. 

ARTICLE  I.  The  law  requiring  the  residence  of  ecclesiastics  in  the 
districts  under  their  charge  shall  be  strictly  observed.  All  vested  with 
an  ecclesiastical  office  or  function  shall  be  subject  to  this  without 
distinction  or  exception. 

II.  No  bishop  shall  absent  himself  from  his  diocese  more  than  two 
weeks  consecutively  during  the  year,  except  in  case  of  real  necessity 
and  with  the  consent  of  the  Directory  of  the  Department  in  which  his 
see  is  situated. 

III.  In  the  same  manner  the  parish  priests  and  the  curates  may  not 
absent  themselves  from  the  place  of  their  duties  beyond  the  term  fixed 
above,  except  for  weighty  reasons,  and  even  in  such  cases  the  priests 
must  obtain  the  permission  both  of  their  bishop  and  of  the  Directory 
of  their  district,  and  the  curates  that  of  the  parish  priest. 

IV.  In  case  a  bishop  or  a  priest  shall  violate  this  law  requiring  resi- 
dence, the  communal  government  shall  inform  the  procureur-general 
syndic  of  the  department,  who  shall  issue  a  summons  to  him  to  return 
to  his  duties.     After  a  second  warning  the  procureur  shall  take  steps 
to  have  his  salary  declared  forfeited  for  the  whole  period  of  his  absence. 

V J 

VI.  Bishops,  parish  priests  and  curates  may,  as  active  citizens,  be 
present  at  the  Primary  and  Electoral  Assemblies,  they  may  be  chosen 
electors  or  as  deputies  to  the  Legislative  Body,  or  as  members  of  the 
General  Council  of  the  Communes  or  of  the  Administrative  Councils  of 
their  districts  or  departments.     Their  duties  are,  however,  declared 
incompatible  with  those  of  Maire  or  other  municipal  officers  and  those 
of  members  of  the  Directories  of  the  District  and  of  the  Department. 
If  elected  to  one  of  these  last  mentioned  offices  they  must  make  a 
choice  between  it  and  their  ecclesiastical  position. 

VII.  The  incompatibility  of  office  mentioned  in  Article  VI  shall  only 
be  observed  in  the  future.     If  any  bishops,  parish  priests  or  curates 
have  been  called  by  their  fellow-citizens  to  the  offices  of  Maire  or  to 
other  communal  offices  or  have  been  elected  members  of  the  Directory 

1  Article  V.  provides  in  general  that  no  bishop  or  priest  shall  accept  any  outside 
responsibilities  which  shall  interfere  with  his  duties  in  the  church. 


32  TRANSLATIONS   AND   REPRINTS. 

of  the  District  or  of  the  Department,  they  may  continue  their  func- 
tions.1 

VII.  EXTRACT  FROM  MARAT'S  "AMI  DU  PEUPLE." 

Quoted  in  Chevremont,  Jean-Paul  Marat,  I,  490  sqq. 

Marat  began  the  publication  of  a  newspaper  in  Paris,  September,  1 789,  which  he 
called  L'Ami  du  Peuple.  His  violence  is  mixed  with  much  good  sense,  and  his 
political  capacity  has  been  underrated  (see  Stephens,  215  syg~).  The  characteristic 
passage  quoted  relates  to  the  efforts  of  Lafayette  ("  Motiier  ")  and  others  to  justify 
the  Command  to  the  National  Guard  to  fire  upon  the  people  who  had  collected  on  the 
Champ  de  Mars,  July  17,  1791. 

O  credulous  Parisians,  can  you  be  duped  by  these  shameful  deceits 
and  cowardly  impostures?  See  if  their  aim  in  massacring  the  patriots 
was  not  to  annihilate  their  clubs  ?  Even  while  the  massacre  was  going 
on,  the  emissaries  of  Mottier  were  running  about  the  streets  mixing 
with  the  groups  of  people  and  loudly  accusing  the  fraternal  societies 
and  the  club  of  the  Cordeliers  of  causing  the  misfortunes.  The  same 
evening  the  club  of  the  Cordeliers,  wishing  to  come  together,  found  the 
doors  of  their  place  of  meeting  nailed  up.  Two  pieces  of  artillery 
barred  the  entrance  to  the  Fraternal  Society  and  only  those  conscript 
fathers  who  were  sold  to  the  court  were  permitted  to  enter  the  Jacobin 
Club,  by  means  of  their  deputy's  cards. 

Not  satisfied  with  annihilating  the  patriotic  associations  these  scoun- 
drels violate  the  liberty  of  the  press,  annihilate  the  Declaration  of 
Rights — the  rights  of  nature.  Cowardly  citizens,  can  you  hear  this 
without  trembling !  They  declare  the  oppressed,  who  in  order  to 
escape  their  tyranny,  would  make  a  weapon  of  his  despair  and  counsel 
the  massacre  of  his  oppressors,  a  disturber  of  the  public  peace.  They 
declare  every  citizen  a  disturber  of  the  public  peace  who  cries,  in  an 
uprising,  to  the  ferocious  satellites  to  lower  or  lay  down  their  arms,  thus 
metamorphosing  into  crimes  the  very  humanity  of  peaceful  citizens, 
the  cries  of  terror  and  natural  self-defence. 

Infamous  legislators,  vile  scoundrels,  monsters  satiated  with  gold  and 
blood,  privileged  brigands  who  traffic  with  the  monarch,  with  our 
fortunes,  our  rights,  our  liberty  and  our  lives  !  You  thought  to  strike 
terror  into  the  hearts  of  patriotic  writers  and  paralyze  them  with  fright 
at  the  sight  of  the  punishments  you  inflict.  I  flatter  myself  that  they 
will  not  soften.  As  for  The  Friend  of  the  People,  vou  know  that  for  a 

1 A  list  of  the  archbishoprics  and  bishoprics,  which  is  here  omitted,  is  appended  to 
the  decree. 


OPINION   OF   MALLET   DU   PAN.  33 

long  time  your  Decrees  directed  against  the  Declaration  of  Rights  have 
been  waste  paper  to  him.1  Could  he  but  rally  at  his  call  two  thousand 
determined  men  to  save  the  country,  he  would  proceed  at  their  head 
to  tear  out  the  heart  of  the  infernal  Mottier  in  the  midst  of  his  bat- 
talions of  slaves.  He  would  burn  the  monarch  and  his  minions  in  his 
palace,  and  impale  you  on  your  seats  and  bury  you  in  the  burning  ruins 
of  your  lair. 

VIII.  OPINION  OF   MALLET  DU    PAN    ON   THE  WORK  OF 
THE  CONSTITUTIONAL  ASSEMBLY. 

Mercure  de  France,  October,  1791,  quoted  in  Memoires  et  Correspondence  de  Mallet 

du  Pan,  I,  240-242. 

Mallet  du  Pan,  a  Swiss  by  birth,  had  edited  the  political  part  of  the  well-known 
periodical,  Mercure  de  France,  since  1784.  He  clearly  realized  the  vices  of  the 
Ancien  Regime,  but,  like  many  sensible  men  of  the  time,  he  could  not  but  see  the 
mistaken  methods  of  the  National  Assembly.  The  circulation  of  his  journal  reached 
1 1 ,000  copies  in  1 790. 


The  Constitutional  Assembly  cannot  fail  to  recognize,  without  deny- 
ing positive  and  accepted  facts,  that,  as  a  result  of  its  doctrines  and 
action,  it  leaves  every  religious  principle  destroyed,  morals  in  the  last 
stage  of  degradation,  free  sway  to  every  vice,  the  rights  of  property 
violated  and  undermined,  our  forces,  both  land  and  naval,  in  a  worse 
state  than  at  the  opening  of  its  reign;  that  it  has  shaken,  if  not 
destroyed,  the  foundation  of  all  military  organization;  that  it  leaves 
our  finances  in  chaos,  the  public  debt  considerably  augmented,  the 
annual  deficit,  according  to  the  most  favorable  calculators,  increased 
by  half,  the  taxes  in  arrears,  their  payment  suspended,  having  struck 
at  their  very  roots  by  the  recklessness  of  an  absolutely  new  system,  of 
which  the  immediate  effects  have  been  to  make  the  people  regard  them- 
selves as  freed  from  taxation.  It  cannot  disguise  from  itself  that  our 
influence  and  reputation  in  Europe  are  eclipsed ;  that  our  commerce 
is  less  flourishing,  our  industry  less  productive,  our  population  less 
numerous ;  that  our  labor  has  decreased  as  well  as  the  national  wealth ; 
that  it  has  caused  the  disappearance  of  the  specie  and  dissipated  an 
enormous  amount  of  the  public  capital ;  that  finally  our  internal  police 
in  spite  of  numerous  guards,  is  more  oppressive  and  less  effective  than 
it  was  before  the  revolution. 

We  will  add  what  no  one  can  deny,  that  the  number  of  unfortunates 

1 A  coarse  expression  in  the  original. 


34  TRANSLATIONS   AND   REPRINTS. 

of  all  classes  has  increased  to  a  most  frightful  extent ;  that  misery  and 
despair  cast  a  funeral  pall  over  the  songs  of  triumph,  the  illuminations, 
the  Te  Deums  and  congratulatory  speeches.  I  do  not  speak  of  the 
clergy  and  nobility ;  their  condition  and  birth  having  rendered  them 
criminal  in  the  eyes  of  the  dominant  party,  their  misfortunes  are 
undoubtedly  well-merited  punishments  and  four  or  five  hundred  pri- 
vate individuals,  having  declared  themselves  inviolable,  have  assumed 
the  right  to  determine  their  fate  as  the  judge  determines  that  of 
criminals;  but  I  ask  that  a  single  class  of  Frenchmen,  except  the 
stock-brokers,  be  pointed  out  to  me  whose  fortunes  have  not  dimin- 
ished and  whose  resources  and  prosperity  have  not  been  painfully 
affected ! 

In  order  justly  to  appreciate  the  conduct  of  our  first  law  makers  we 
must  avoid  the  sophism  by  which  they  have  constantly  fascinated  the 
common  people,  that  of  comparing  the  present  situation  of  France 
with  the  disastrous  results  of  the  most  horrible  despotism.  That  is  a 
false  standpoint  to  which  knaves  and  fools  are  always  careful  to  revert. 
A  vast  number  of  citizens  do  not  desire  the  old  any  more  than  the  new 
regime,  and  the  reproaches  heaped  upon  the  latter  do  not  affect  the 
reform  of  the  older  system.  In  order  to  overcome  the  disapprobation 
of  the  citizens  it  must  be  proved  that  without  the  action  of  the  Assembly 
and  the  public  and  private  calamities  which  this  has  involved,  France 
would  never  have  gained  freedom,  the  security  of  person  and  property, 
safety  which  is  the  first  condition  of  a  good  government,  peace  which 
is  its  sign,  political  equality,  plenty,  strength,  order,  and  general  con- 
sideration. It  would,  moreover,  have  to  be  proved  that  the  Assembly 
had  not  the  power  to  choose  other  institutions,  that  no  middle  course 
presented  itself  and  that  the  only  government  adapted  to  the  existing 
exigences  was  that  which  the  Assembly  proclaimed,  since  no  other 
offered  such  obvious  advantages  or  a  more  evidently  propitious  future. 

IX.  THE  DECLARATION  OF  PILNITZ. 

From  the  French  text  in  Martens,  Recueil  des  principaux  Traites,  etc.,  V,  p.  260. 

The  Declaration  of  Pilnitz  was  naturally  regarded  by  the  French  as  an  expression 
of  sympathy  for  the  Emigres,  and  as  a  promise  to  secure  them  the  general  support  of 
Eu»pe  in  their  counter-revolutionary  schemes.  It  meant  very  little  to  those  who 
drew  it  up.  The  Emperor  is  reported  to  have  said  "The  words  '  alors  et  dans  ce  cas ' 
are  the  law  and  the  prophets  for  me.  If  England  fails  us  the  '  cas '  will  not  exist  at 
all."  (Sybel,  bk.  II.,  ch.  6.) 

His  Majesty,  the  Emperor,  and  his  Majesty,  the  King  of  Prussia, 


DECLARATION   OF   PILNITZ.  35 

having  given  attention  to  the  wishes  and  representations  of  Monsieur 
(the  brother  of  the  King  of  France),  and  of  M.  le  Comte  d'Artois, 
jointly  declare  that  they  regard  the  present  situation  of  his  majesty  the 
King  of  France,  as  a  matter  of  common  interest  to  all  the  sovereigns  of 
Europe.  They  trust  that  this  interest  will  not  fail  to  be  recognized  by 
the  powers,  whose  aid  is  solicited,  and  that  in  consequence  they  will 
not  refuse  to  employ,  in  conjunction  with  their  said  majesties,  the  most 
efficient  means  in  proportion  to  their  resources  to  place  the  King  of 
France  in  a  position  to  establish,  with  the  most  absolute  freedom,  the 
foundations  of  a  monarchical  form  of  government,  which  shall  at  once 
be  in  harmony  with  the  rights  of  sovereigns  and  promote  the  welfare 
of  the  French  nation  In  that  case  [Alors  et  dans  ce  cas~\  their  said 
majesties  the  Emperor  and  the  King  of  Prussia  are  resolved  to  act 
promptly  and  in  common  accord  with  the  forces  necessary  to  obtain 
the  desired,  common  end. 

In  the  meantime  they  will  give  such  orders  to  their  troops  as  are 
necessary  in  order  that  these  may  be  in  a  position  to  be  called  into 
active  service. 

LEOPOLD.     FREDERICK  WILLIAM. 

Pilnitz,  August  27,  1791. 


INTRODUCTORY  BIBLIOGRAPHY. 

Stephens,  H.  Morse :  A  History  of  the  French  Revolution.    Vol.  I.    New  York, 

1886. 

This  is  the  only  detailed  modem  treatment  of  this  period  in  English  (except  the 
translation  of  v.  Sybel's  work  mentioned  below),  and  gives  the  student  the  results  ot 
the  recent  remarkable  historical  activity  in  France.  Although  the  book  contains 
many  errors  and  oversights  in  detail,  these  do  not  essentially  impair  its  value. 

Von  Sybel,  Heinrich.     Vol.  I.     Books  I,  and  II.     (Translated  from  the  German.) 
This  work  is  scholarly,  but  dry,  unsympathetic,  and  lacks  perspective.    It  deals  only 
secondarily  with  the  internal  history  of  France,  and  its  chief  value  lies  in  the  latter 
portion,  which  treats  the  neglected  period  of  the  Directory. 

Sorel,  Albert :  L'Europe  et  la  Revolution  francaise.  Especially  Vol.  II.  Paris, 
1885-93. 

While  M.  Sorel,  like  Sybel,  has  written  a  history  of  Europe  rather  than  of  France, 
his  remarkable  work  contains  a  sjjf  eirtpt,  suggestive  account  (with  references  to  the 
sources)  of  the  period  of  the  Constitutional  Assembly.  -"••'  ; 

Short  accounts  of  the  period  are  to  be  found  in  the  books  of  Mallet,  Morris, 
Gardiner,  McCarthy  and  Rose,  that  of  Mallet  being  perhaps  the  most  satisfactory. 

Works  in  French  on  the  subject  are  very  numerous.     That  of  Mi$net,  while  some- 


36  TRANSLATIONS   AND   REPRINTS. 

what  antiquated,  is  the  best  general  account  in  small  compass.  The  English  transla- 
tion of  the  work  in  Bonn's  Library  is,  however,  wretched.  Quinefs  and  Louis. 
Blanc's  histories  are  still  esteemed  by  modern  scholars. 

THE  SOURCES. 

Buchez  et  Roux,  Histoire  Parlementaire.     Paris,  1834-38.    40  vols. 

This  contains  extracts  from  the  debates  in  the  assembly,  with  the  text  of  some  of 
the  important  decrees.  It  gives  quotations  from  the  newspapers  and  from  the  speeches 
in  the  Jacobin  and 'other  political  clubs,  together  with  other  more  or  less  important 
matter.  "In  Spite  of  very  defective  tables  of  contents  and  a  somewhat  erratic  selection 
of  material,  this  collection  has  been  the  main  stay  of  a  great  many  writers,  and  is  still 
very  valuable,  in  spite  of  more  recent  publications,  by  reason  of  its  comprehensivene^si 
and  cheapness;  the  forty  volumes  are  still  procurable  in  Paris  for  fifteen  to  twenty 
dollars. 

Reimpression  de  1'ancien  Moniteur.     Paris,  several  editions.     32  vols. 

This  is  a  reprint  of  one  of  the  most  important  newspapers  of  the  revolutionary 
period.  It  has  probably  been  ranked  too  high  in  the  matter  of  impartiality  and 
truthfulness,  but  it  supplements  the  previous  collection,  and  like  it  can  be  had  for  a 
relatively  small  outlay,  about  twenty  dollars. 

Archives  Parlementaires,  de  1787-1860.     Recueil  complet  des  debats  16gislatifs  et 
politiques  des  chambres  franchises  imprime  par  ordre  du  Senat  et  de  la  Cham- 
bre  des  Deputes. 
The  "first  series'   of  this  comprehensive  collection  covers  the  period  1787-1799. 

57  volumes  nave  been  issued  so  far. 

Aulard,  La  Societe  des  Jacobins,  Recueil  de  documents  pour  1'histoire  du  Club  des 

Jacobins  de  Paris.     Paris,  1889-92.     5  vols.  have  so  far  appeared. 
This  and  other  similar  collections,  published  under  the  auspices  of  the  Municipal 
Council  of  Paris,  will  greatly  facilitate  the  work  of  historical  writers  in  the  future.' 

Memoirs  and  Correspondence. 

The  numerous  memoires  which  have  been  published  upon  this  period  by  such  men 
as  Bailly,  Ferrieres,  Malouet,  Mallet  du  Pan  and  others,  the  Correspondence  of  Mira- 
beau  and  La  Marck,  etc.,  constitute  a  class  of  important  sources. 

The  student  is  referred  to  Mr.  Andrew  D.  White's  Appendix  to  the  American 
edition  of  Morris'  "  French  Revolution  "  in  the  Epoch  Series,  which  furnishes  a  very 
satisfactory  bibliography. 


TRANSLATIONS  AND  REPRINTS 


FROM  THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 

VOL.  I.  ENGLISH  CONSTITUTIONAL  DOCUMENTS.  No.  6. 

TABLE  OF  CONTENTS. 

PAOB 

I.       CORONATION  OATHS  AND  ROYAL  CHARTERS. 

1.  Coronation  Oath  of  Ethelred  II 2 

2.  Coronation  Oath  of  William  the  Conqueror 2 

3.  Charter  of  William  to  London 2 

4.  Coronation  Charter  of  Henry  1 3 

5.  Coronation  Charter  of  Stephen 5 

6.  Coronation  Charter  of  Henry  II 5 

7.  The  Great  Charter »  .   .  6 

8.  Coronation  Oath  of  Henry  III 17 

9.  Confirmation  of  the  Charters 17 

10.  Coronation  Oath  of  Edward  II 19 

II.       JUDICIAL  DOCUMENTS. 

1.  Provisions  for  Hundred  and  Shire  Courts 20 

2.  A  Shire  Moot  in  the  Reign  of  Cnut 21 

3.  Writ  for  an  Inquisition 22 

4.  Writ  for  a  Recognition 22 

5.  Assize  of  Clarendon 22 

6.  Constitutions  of  Clarendon 26 

7.  Typical  Criminal  Cases  in  Royal  Courts 30 

8.  Typical  Civil  Cases  in  Royal  Courts 31 

IIL       WRITS  OF  SUMMONS  TO  PARLIAMENT. 

1.  Writ  to  the  Lords  in  1242 33 

2.  Writ  to  a  Bishop  in  1295 33 

3.  Writ  to  a  Lay  Noble  in  1295 34 

4.  Writ  to  Sheriffs  for  Commoners  in  1295 35 

IV.       SELECT  BIBLIOGRAPHY. 


2  TRANSLATIONS   AND   REPRINTS. 

1.  CORONATION  OATHS  AND  ROYAL  CHARTERS. 

At  no  time  in  English  history  has  the  power  of  the  king  been  absolute  and  un- 
limited. The  coronation  oath  bridged  the  chasm  between  the  Saxon  and  the  Norman 
kings,  being  taken  by  William  and  his  immediate  successors  in  exactly  the  form 
recorded  as  having  been  used  by  King  Ethelred.  The  later  charters  of  liberties 
indicate  the  progressive  restrictions  on  the  independence  of  the  early  Norman  and 
Angevin  kings,  although  the  occasions  for  the  issue  of  such  charters  were  apparently 
almost  accidental.  The  charter  of  Henry  I.  was  granted  to  strengthen  his  doubtful 
claim  to  the  throne ;  two  successive  charters  were  issued  by  Stephen  with  the  same 
object,  and  that  of  Henry  II.  was  granted  in  imitation  of  these.  Magna  Charta  is 
known  to  have  been  suggested  by  and  based  on  these  preceding  grants.  The 
Confirmation  of  the  Charters  was  in  form  one  of  the  many  regrants  of  Magna  Charta 
and  the  Forest  Charter,  but  it  obtained  its  importance  from  the  sixth  clause,  which 
was  practically  new,  and  remained  effective.  Under  another  form,  in  which  it  appears 
as  the  statute  de  tallagio  non  concedendo,  this  grant  is  frequently  referred  to  in  later 
struggles  between  king  and  Parliament. 

I.  CORONATION  OATH  OF  ETHELRED  H.,  A.  D.  978. 

Kemble,  Saxons  in  England.     II.  36.     Anglo-Saxon. 

In  the  name  of  the  Holy  Trinity,  three  things  do  I  promise  to  this 
Christian  people,  my  subjects ;  first,  that  I  will  hold  God's  church  and 
all  the  Christian  people  of  my  realm  in  true  peace;  second,  that  I 
will  forbid  all  rapine  and  injustice  to  men  of  all  conditions;  third, 
that  I  promise  and  enjoin  justice  and  mercy  in  all  judgments,  in  order 
that  a  just  and  merciful  God  may  give  us  all  His  eternal  favor,  who 
liveth  and  reigneth. 

2.    CORONATION   OATH   OF  WILLIAM   THE    CONQUEROR,  A.  D.  IO66. 

Florence  of  Worcester,  under  the  year  1066.     Latin. 

Having  first,  as  the  archbishop  required,  sworn  before  the  altar  of 
St.  Peter  the  Apostle,  in  the  presence  of  the  clergy  and  people,  to 
defend  the  holy  churches  of  God  and  their  governors,  and  also  to  rule 
over  the  whole  people  subject  to  him  justly  and  with  royal  providence ; 
to  enact  and  to  preserve  right  law,  and  straitly  to  forbid  violence  and 
unjust  judgments. 

3.   CHARTER  OF  WILLIAM   THE   CONQUEROR  TO   THE   CITY   OF  LONDON, 

A.  D.  1066. 

Liber  Custumarum,  Pt.  i,  pp.  25  and  26.    Anglo-Saxon. 
William,  king,  greets  William,  bishop,  and  Gosfrith,  portreeve,  and 


CHARTER   OF   HENRY   I.  3 

all  the  burghers  within  London,  French  and  English,  friendly ;  and  I 
assure  you  that  I  will  that  ye  all  have  rights  before  the  law  that  had 
them  in  King  Edward's  day.  And  I  will  that  every  child  be  his  father's 
heir  after  his  father's  day.  And  I  will  not  allow  that  any  man  do  any 
wrong  to  you.  God  keep  you. 

4.  CORONATION  CHARTER  OF  HENRY  I.,  A.  D.  IIOI. 

Stubbs'  Select  Charters,  96-98.     Latin. 

In  the  year  of  the  incarnation  of  the  Lord,  noi,  Henry,  son  of 
King  William,  after  the  death  of  his  brother  William,  by  the  grace  of 
God,  king  of  the  English,  to  all  faithful,  greeting : 

1.  Know  that  by  the  mercy  of  God,  and  by  the  common  counsel  of 
the  barons  of  the  whole  kingdom  of  England,  I  have  been  crowned 
king  of   the  same  kingdom;    and   because   the   kingdom   has   been 
oppressed  by  unjust  exactions,  I,  from  regard  to  God,  and  from  the 
love  which  I  have  toward  you,  in  the  first  place  make  the  holy  church 
of  God  free,  so  that  I  will  neither  sell  nor  place  at  rent,  nor,  when 
archbishop,  or  bishop,  or  abbot  is  dead,  will  I  take  anything  from  the 
domain  of  the  church,  or  from  its  men,  until  a  successor  is  installed 
into  it.     And  all  the  evil  customs  by  which  the  realm  of  England  was 
unjustly  oppressed  will  I  take  away,  which  evil  customs  I  partly  set 
down  here. 

2.  If  any  one  of  my  barons,  or  earls,  or  others  who  hold  from  me 
shall  have  died,  his  heir  shall  not  redeem  his  land,  as  he  did  in  the  time 
of  my  brother,  but  shall   relieve   it  by  a  just  and  legitimate  relief. 
Similarly  also  the  men  of  my  barons  shall  relieve  their  lands  from  their 
lords  by  a  just  and  legitimate  relief. 

3.  And  if  any  one  of  the  barons  or  other  men  of  mine  wishes  to  give 
his  daughter  in  marriage,  or  his  sister  or  niece  or  relation,  he  must 
speak  with  me  about  it,  but  I  will  neither  take  anything  from  him  for 
this  permission,   nor  forbid   him  to  give  her  in  marriage,  unless  he 
should  wish  to  join  her  to  my  enemy.     And  if  when  a  baron  or  other 
man  of  mine  is  dead  a  daughter  remains  as  his  heir,  I  will  give  her  in 
marriage  according  to  the  judgment  of  my  barons,  along  with  her  land. 
And  if  when  a  man  is  dead  his  wife  remains  and  is  without  children, 
she  shall  have  her  dowry  and  right  of  marriage,  and  I  will  not  give  her 
to  a  husband  except  according  to  her  will. 

4.  And  if  a  wife  has  survived  with  children,  she  shall  have  her  dowry 
and  right  of  marriage,  so  long  as  she  shall  have  kept  her  body  legiti- 


4  TRANSLATIONS   AND   REPRINTS. 

mately,  and  I  will  not  give  her  in  marriage,  except  according  to  her 
will.  And  the  guardian  of  the  land  and  children  shall  be  either  the 
wife  or  another  one  of  the  relatives  as  shall  seem  to  be  most  just. 
And  I  require  that  my  barons  should  deal  similarly  with  the  sons  and 
daughters  or  wives  of  their  men. 

5 .  The  common  tax  on  money l  which  used  to  be  taken  through  the 
cities  and  counties,  which  was  not  taken  in  the  time  of  King  Edward, 
I  now  forbid  altogether  henceforth  to  be  taken.     If  any  one  shall  have 
been  seized,  whether  a  moneyer  or  any  other,  with  false  money,  strict 
justice  shall  be  done  for  it. 

6.  All  fines  and  all  debts  which  were  owed  to  my  brother,  I  remit, 
except  my  rightful  rents,  and  except  those  payments  which  had  been 
agreed  upon  for  the  inheritances  of  others  or  for  those  things  which 
more  justly  affected  others.     And  if  any  one  for  his  own  inheritance 
has  stipulated  anything,  this  I  remit,  and  all  reliefs  which  had  been 
agreed  upon  for  rightful  inheritances. 

7.  And  if  any  one  of  my  barons  or  men  shall  become  feeble,  how- 
ever he  himself  shall  give  or  arrange  to  give  his  money,  I  grant  that  it 
shall  be  so  given.     Moreover,  if  he  himself,  prevented  by  arms,  or  by 
weakness,  shall  not  have  bestowed  his  money,  or  arranged  to  bestow 
it,  his  wife  or  his  children  or  his  parents,  and  his  legitimate  men  shall 
divide  it  for  his  soul,  as  to  them  shall  seem  best. 

8.  If  any  of  my  barons  or  men  shall  have  committed  an  offence  he 
shall  not  give  security  to  the  extent  of  forfeiture  of  his  money,  as  he 
did  in  the  time  of  my  father,  or  of  my  brother,  but  according  to  the 
measure  of  the  offence  so  shall  he  pay,  as  he  would  have  paid  from 
the  time  of  my  father  backward,  in  the  time  of  my  other  predecessors ; 
so  that  if  he  shall  have  been  convicted  of  treachery  or  of  crime,  he 
shall  pay  as  is  just. 

9.  All  murders,  moreover,  before  that  day  in  which  I  was  crowned 
king,  I  pardon;  and  those  which  shall  be  done  henceforth  shall  be 
punished  justly  according  to  the  law  of  King  Edward. 

10.  The  forests,  by  the  common  agreement  of  my  barons,  I  have 
retained  in  my  own  hand,  as  my  father  held  them. 

1 1 .  To  those  knights  who  hold  their  land  by  the  cuirass,  I  yield  of 

1  Moneiagium,  which  is  here  translated  "tax  on  money,"  was  a  payment  made  to 
the  king  or  other  lord,  periodically,  on  condition  that  he  would  not  change  the  stand- 
ard of  value  during  a  given  period.  It  was  customary  in  Normandy.  Ducange. 


CHARTER   OF   HENRY   II.  5 

my  own  gift  the  lands  of  their  demesne  ploughs  free  from  all  payments 
and  from  all  labor,  so  that  as  they  have  thus  been  favored  by  such  a 
great  alleviation,  so  they  may  readily  provide  themselves  with  horses 
and  arms  for  my  service  and  for  the  defence  of  the  kingdom. 

12.  A  firm  peace  in  my  whole  kingdom  I  establish  and  require  to 
be  kept  from  henceforth. 

13.  The  law  of  King  Edward  I  give  to  you  again  with  those  changes 
with  which  my  father  changed  it  by  the  counsel  of  his  barons. 

14.  If  any  one  has  taken  anything  from  my  possessions  since  the 
death  of  King  William,  my  brother,  or  from  the  possessions  of  any 
one,  let  the  whole  be  immediately  returned  without  alteration,  and  if 
any  one  shall  have  retained  anything  thence,  he  upon  whom  it  is  found 
will  pay  it  heavily  to  me.     Witnesses  Maurice,  bishop  of  London,  and 
Gundulf,  bishop,  and   William,    bishop-elect,  and   Henry,   earl,   and 
Simon,  earl,  and  Walter  Giffard,  and  Robert  de  Montfort,  and  Roger 
Bigod,  and  Henry  de  Port,  at  London,  when  I  was  crowned. 

5.    CORONATION    CHARTER   OF   KING   STEPHEN,  A.  D.  1135. 
Statutes  of  the  Realm.     I,  4.     Latin. 

Stephen,  by  the  grace  of  God,  king  of  the  English,  to  the  justices, 
sheriffs,  barons,  and  all  his  ministers  and  faithful,  French  and  English, 
greeting. 

Know  that  I  have  conceded  and  by  this  my  present  charter  con- 
firmed to  all  my  barons  and  men  of  England  all  the  liberties  and  good 
laws  which  Henry,  king  of  the  English,  my  uncle,  gave  and  conceded 
to  them,  and  all  the  good  laws  and  good  customs  which  they  had  in 
the  time  of  King  Edward,  I  concede  to  them.  Wherefore  I  wish  and 
firmly  command  that  they  shall  have  and  hold  all  those  good  laws  and 
liberties  from  me  and  my  heirs,  they  and  their  heirs,  freely,  quietly, 
and  fully;  and  I  prohibit  any  one  from  bringing  any  obstacle,  or 
impediment,  or  diminution  upon  them  in  these  matters  on  pain  of 
forfeiture  to  me. 

Witness  William  Martel,  at  London. 

6.  CORONATION  CHARTER  OF  HENRY  H.,  A.  D.  1 154. 

Statutes  of  the  Realm.     I,  4.     Latin. 

Henry,  by  the  grace  of  God,  king  of  England,  duke  of  Normandy 
and  Aquitaine,  and  count  of  Anjou,  to  all  the  earls,  barons,  and  his 
faithful,  French  and  English,  greeting.  Know  that,  to  the  honor  of 


6  TRANSLATIONS   AND   REPRINTS. 

God  and  of  the  holy  church  and  for  the  advantage  of  my  whole  king- 
dom, I  have  conceded  and  granted,  and  by  my  present  charter  con- 
firmed to  God  and  to  the  holy  church,  and  to  all  the  earls  and  barons, 
and  to  all  my  men  all  the  concessions  and  grants  and  liberties  and  free 
customs  which  King  Henry,  my  grandfather,  gave  and  conceded  to 
them.  Similarly  also,  all  the  evil  customs  which  he  abolished  and 
remitted,  I  remit  and  allow  to  be  abolished  for  myself  and  my  heirs. 
Therefore,  I  will  and  strictly  require  that  the  holy  church  and  all  the 
earls  and  barons,  and  all  my  men  should  have  and  hold  all  those 
customs  and  grants  and  liberties  and  free  customs,  freely  and  quietly, 
well  and  in  peace,  and  completely,  from  me  and  my  heirs  to  them  and 
their  heirs,  as  freely  and  quietly  and  fully  in  all  things  as  King  Henry, 
my  grandfather,  granted  and  conceded  to  them  and  by  his  charter 
confirmed  them.  Witness,  Richard  de  Luci,  at  Westminster. 

7.    THE   GREAT    CHARTER. 
GRANTED    BY   KING   JOHN,  JUNE  15,  A.  D.  1215. 

Stubbs'  Reprint.     Latin. 

John,  by  the  grace  of  God,  king  of  England,  lord  of  Ireland,  duke 
of  Normandy  and  Aquitaine,  count  of  Anjou,  to  the  archbishops, 
bishops,  abbots,  earls,  barons,  justiciars,  foresters,  sheriffs,  reeves, 
servants,  and  all  bailiffs  and  his  faithful  people  greeting.  Know  that 
by  the  inspiration  of  God  and  for  the  good  of  our  soul  and  those  of 
all  our  predecessors  and  of  our  heirs,  to  the  honor  of  God  and  the 
exaltation  of  holy  church,  and  the  improvement  of  our  kingdom,  by 
the  advice  of  our  venerable  fathers  Stephen,  archbishop  of  Canter- 
bury, primate  of  all  England  and  cardinal  of  the  holy  Roman  church, 
Henry,  archbishop  of  Dublin,  William  of  London,  Peter  of  Winchester, 
Jocelyn  of  Bath  and  Glastonbury,  Hugh  of  Lincoln,  Walter  of  Wor- 
cester, William  of  Coventry,  and  Benedict  of  Rochester,  bishops ;  of 
Master  Pandulf,  sub-deacon  and  member  of  the  household  of  the  lord 
Pope,  of  Brother  Aymeric,  master  of  the  Knights  of  the  Temple  in 
England ;  and  of  the  noblemen  William  Marshall,  earl  of  Pembroke, 
William,  earl  of  Salisbury,  William,  earl  of  Warren,  William,  earl  of 
Arundel,  Alan  of  Galloway,  constable  of  Scotland,  Warren  Fitz-Gerald, 
Peter  Fitz-Herbert,  Hubert  de  Burgh,  steward  of  Poitou,  Hugh  de 
Nevil,  Matthew  Fitz-Herbert,  Thomas  Bassett,  Alan  Bassett,  Philip 
d'  Albini,  Robert  de  Roppelay,  John  Marshall,  John  Fitz-Hugh,  and 
others  of  our  faithful. 


THE   GREAT   CHARTER.  7 

1.  In  the  first  place,  we  have  granted  to  God,  and  by  this  our  present 
charter  confirmed,  for  us  and  for  our  heirs  forever,  that  the  English 
church  shall  be  free,  and  shall  hold  its  rights  entire  and  its  liberties 
uninjured ;  and  we  will  that  it  be  thus  observed ;  which  is  shown  by 
this,  that  the  freedom  of  elections,  which  is  considered  to  be  most 
important  and  especially  necessary  to  the  English  church,  we,  of  our 
pure  and  spontaneous  will,  granted,  and  by  our  charter  confirmed, 
before  the  contest  between  us  and  our  barons  had  arisen ;  and  obtained 
a  confirmation  of  it  by  the  lord  Pope  Innocent  III. ;  which  we  shall 
observe  and  which  we  will  shall  be  observed  in  good  faith  by  our  heirs 
forever. 

We  have  granted  moreover  to  all  free  men  of  our  kingdom  for  us 
and  our  heirs  forever  all  the  liberties  written  below,  to  be  had  and 
holden  by  themselves  and  their  heirs  from  us  and  our  heirs. 

2.  If  any  of  our  earls  or  barons,  or  others  holding  from  us  in  chief 
by  military  service  shall  have  died,  and  when  he  has  died  his  heir  shall 
be  of  full  age  and  owe  relief,  he  shall  have  his  inheritance  by  the 
ancient  relief ;  that  is  to  say,  the  heir  or  heirs  of  an  earl  for  the  whole 
barony  of  an  earl  a  hundred  pounds ;  the  heir  or  heirs  of  a  baron  for 
a  whole  barony  a  hundred  pounds ;  the  heir  or  heirs  of  a  knight  for  a 
whole  knight's  fee  a  hundred  shillings  at  most ;  and  who  owes  less  let 
him  give  less  according  to  the  ancient  custom  of  fiefs. 

3.  If  moreover  the  heir  of  any  one  of  such  shall  be  under  age,  and 
shall  be  in  wardship,  when  he  comes  of  age  he  shall  have  his  inherit- 
ance without  relief  and  without  a  fine. 

4.  The  custodian  of  the  land  of  such  a  minor  heir  shall  not  take 
from  the  land  of  the  heir  any  except  reasonable  products,  reasonable 
customary  payments,  and  reasonable  services,   and    this  without  de- 
struction or  waste  of  men  or  of  property ;  and  if  we  shall  have  com- 
mitted the  custody  of  the  land  of  any  such  a  one  to  the  sheriff  or  to 
any  other  who  is  to  be  responsible  to  us  for  its  proceeds,  and  that  man 
shall  have  caused  destruction  or  waste  from  his  custody  we  will  recover 
damages  from  him,  and  the  land  shall  be  committed  to  two  legal  and 
discreet  men  of  that  fief,  who  shall  be  responsible  for  its  proceeds  to 
us  or  to  him  to  whom  we  have  assigned  them ;  and  if  we  shall  have 
given  or  sold  to  any  one  the  custody  of  any  such  land,  and  he  has 
caused  destruction  or  waste  there,  he  shall  lose  that  custody,  and  it' 
shall  be  handed  over  to  two  legal  and  discreet  men  of  that  fief  who 
shall  be  in  like  manner  responsible  to  us  as  is  said  above. 


8  TRANSLATIONS   AND    REPRINTS. 

5.  The  custodian  moreover,  so  long  as  he  shall  have  the  custody  of 
the  land,  must  keep  up  the  houses,  parks,  warrens,  fish  ponds,  mills, 
and  other  things  pertaining  to  the  land,  from  the  proceeds  of  the  land 
itself ;  and  he  must  return  to  the  heir,  when  he  has  come  to  full  age, 
all  his  land,  furnished  with  ploughs  and  implements  of  husbandry 
according  as  the  time  of  wainage  requires  and  as  the  proceeds  of  the 
land  are  able  reasonably  to  sustain. 

6.  Heirs  shall  be  married  without  disparity,  so  nevertheless  that 
before  the  marriage  is  contracted,  it  shall  be  announced  to  the  relatives 
by  blood  of  the  heir  himself. 

7.  A  widow,  after  the  death  of  her  husband,  shall  have  her  marriage 
portion  and  her  inheritance  immediately  and  without  obstruction,  nor 
shall  she  give  anything  for  her  dowry  or  for  her  marriage  portion,  or  for 
her  inheritance,  which  inheritance  her  husband  and  she  held  on  the 
day  of  the  death  of  her  husband ;  and  she  may  remain  in  the  house  of 
her  husband  for  forty  days  after  his  death,  within  which  time  her  dowry 
shall  be  assigned  to  her. 

8.  No  widow  shall  be  compelled  to  marry  so  long  as  she  prefers  to 
live  without  a  husband,  provided  she  gives  security  that  she  will  not 
marry  without  our  consent,  if  she  holds  from  us,  or  without  the  consent 
of  her  lord  from  whom  she  holds,  if  she  holds  from  another. 

9.  Neither  we  nor  our  bailiffs  will  seize  any  land  or  rent  for  any 
debt,  so  long  as  the  chattels  of  the  debtor  are  sufficient  for  the  payment 
of  the  debt ;  nor  shall  the  pledges  of  a  debtor  be  distrained  so  long  as 
the  principal  debtor  himself  has  enough  for  the  payment  of  the  debt ; 
and  if  the  principal  debtor  fails  in  the  payment  of  the  debt,  not  having 
the  wherewithal  to  pay  it,  the  pledges  shall  be  responsible  for  the  debt ; 
and  if  they  wish,  they  shall  have  the  lands  and  the  rents  of  the  debtor 
until  they  shall  have  been  satisfied  for  the  debt  which  they  have  before 
paid  for  him,  unless  the  principal  debtor  shall  have  shown  himself  to 
be  quit  in  that  respect  towards  those  pledges. 

10.  If  any  one  has  taken  anything  from  the  Jews,  by  way  of  a  loan, 
more  or  less,  and  dies  before  that  debt  is  paid,   the  debt  shall  not 
draw  interest  so  long  as  the  heir  is  under  age,  from  whomsoever  he 
holds;  and  if  that  debt  falls  into  our  hands,  we  will  take   nothing 
except  the  chattel  contained  in  the  agreement. 

11.  And  if  any  one  dies  leaving  a  debt  owing  to  the  Jews,  his  wife 
shall  have  her  dowry,  and  shall  pay  nothing  of  that  debt ;  and  if  there 
remain  minor  children  of  the  dead  man,  necessaries  shall  be  provided 


THE  GREAT  CHARTER.  g 

for  them  corresponding  to  the  holding  of  the  dead  man ;  and  from 
the  remainder  shall  be  paid  the  debt,  the  service  of  the  lords  being 
retained.  In  the  same  way  debts  are  to  be  treated  which  are  owed  to 
others  than  the  Jews. 

1 2.  No  scutage  or  aid  shall  be  imposed  in  our  kingdom  except  by 
the  common  council  of  our  kingdom,  except  for  the  ransoming  of  our 
body,  for  the  making  of  our  oldest  son  a  knight,  and  for  once  marrying 
our  oldest  daughter,  and  for  these  purposes  it  shall  be  only  a  reasonable 
aid ;  in  the  same  way  it  shall  be  done  concerning  the  aids  of  the  city 
of  London. 

13.  And  the  city  of  London  shall  have  all  its  ancient  liberties  and 
free  customs,  as  well  by  land  as  by  water.     Moreover,  we  will  and 
grant  that  all  other  cities  and  boroughs  and  villages  and  ports  shall 
have  all  their  liberties  and  free  customs. 

14.  And  for  holding  a  common  council  of  the  kingdom  concerning 
the  assessment  of  an  aid  otherwise  than  in  the  three  cases  mentioned 
above,  or  concerning  the  assessment  of  a  scutage,  we  shall  cause  to  be 
summoned  the  archbishops,  bishops,  abbots,  earls,  and  greater  barons 
by  our  letters  under  seal ;  and  besides  we  shall  cause  to  be  summoned 
generally,  by  our  sheriffs  and  bailiffs  all  those  who  hold  from  us  in 
chief,  for  a  certain  day,  that  is  at  the  end  of  forty  days  at  least,  and 
for  a  certain  place ;  and  in  all  the  letters  of  that  summons,  we  will 
express  the  cause  of  the  summons,  and  when  the  summons  has  thus 
been  given  the  business  shall  proceed  on  the  appointed  day,  on  the 
advice  of  those  who  shall  be  present,  even  if  not  all  of  those  who  were 
summoned  have  come. 

15.  We  will  not  grant  to  any  one,  moreover,  that  he  shall  take  an 
aid  from  his  free  men,  except  for  ransoming  his  body,  for  making  his 
oldest  son  a  knight,  and  for  once  marrying  his  oldest  daughter ;  and 
for  these  purposes  only  a  reasonable  aid  shall  be  taken. 

1 6.  No  one  shall  be  compelled  to  perform  any  greater  service  for  a 
knight's  fee,  or  for  any  other  free  tenement  than  is  owed  from  it. 

17.  The  common  pleas  shall  not  follow  our  court,  but  shall  be  held 
in  some  certain  place. 

1 8.  The  recognitions  of  novel  disseisin,  mart  d>  ancestor,  and  darrein 
presentment  shall  be  held  only  in  their  own   counties   and   in    this 
manner :  we,  or  if  we  are  outside  of  the  kingdom  our  principal  justiciar, 
will  send  two  justiciars  through  each  county  four  times  a  year,  who 
with  four  knights  of  each  county,  elected  by  the  county,  shall  hold  in 


.IO  TRANSLATIONS   AND    REPRINTS. 

the  county  and  on  the  day  and  in  the  place  of  the  county  court  the 
aforesaid  assizes  of  the  county. 

19.  And  if  the  aforesaid  assizes  cannot  be  held  within  the  day  of 
the  county  court,  a  sufficient  number  of  knights  and  free-holders  shall 
remain  from  those  who  were  present  at  the  county  court  on  that  day 
to  give  the  judgments,  according  as  the  business  is  more  or  less. 

20.  A  free  man  shall  not  be  fined  for  a  small  offence,  except  in 
proportion  to  the  measure  of  the  offence ;  and  for  a  great  offence  he 
shall  be  fined  in  proportion  to  the  magnitude  of  the  offence,  saving 
his  freehold  ;  and  a  merchant  in  the  same  way,  saving  his  merchandise ; 
and  the  villain  shall  be  fined  in  the  same  way,  saving  his  wainage,  if 
he  shall  be  at  our  mercy ;  and  none  of  the  above  fines  shall  be  imposed 
except  by  the  oaths  of  honest  men  of  the  neighborhood. 

2 1 .  Earls  and  barons  shall  be  fined  only  by  their  peers,  and  only  in 
proportion  to  their  offence. 

22.  A  clergyman  shall  be  fined,  like  those  before  mentioned,  only 
in  proportion  to  his  lay  holding,  and  not  according  to  the  extent  of 
his  ecclesiastical  benefice. 

23.  No  manor  or  man  shall  be  compelled  to  make  bridges  over  the 
rivers  except  those  which  ought  to  do  it  of  old  and  rightfully. 

24.  No  sheriff,  constable,   coroners,  or  other  bailiffs  of  ours  shall 
hold  pleas  of  our  crown. 

25.  All  counties,  hundreds,  wapentakes,  and  tri things  shall  be  at 
the  ancient  rents  and  without  any  increase,  excepting  our  demesne 
manors. 

26.  If  any  person  holding  a  lay  fief  from  us  shall  die,  and  our  sheriff 
or  bailiff  shall  show  our  letters-patent  of  our  summons  concerning  a 
debt  which  the  deceased  owed  to  us,  it  shall  be  lawful  for  our  sheriff 
or  bailiff  to  attach  and  levy  on  the  chattels  of  the  deceased  found  on 
his  lay  fief,  to  the  value  of  that  debt,  in  the  view  of  legal  men,  so 
nevertheless  that  nothing  be  removed  thence  until  the  clear  debt  to 
us  shall  be  paid ;  and  the  remainder  shall  be  left  to  the  executors  for 
the  fulfilment  of  the  will  of  the  deceased ;  and  if  nothing  is  owed  to 
us  by  him,  all  the  chattels  shall  go  to  the  deceased,  saving  to  his  wife 
and  children  their  reasonable  shares. 

27.  If  any  free  man  dies  intestate,  his  chattels  shall  be  distributed 
by  the  hands  of  his  near  relatives  and  friends,  under  the  oversight  of 
the  church,  saving  to  each  one  the  debts  which  the  deceased  owed 
to  him. 


THE   GREAT  CHARTER.  U 

28.  No  constable  or  other  bailiff  of  ours  shall  take  anyone's  grain 
or  other  chattels,  without  immediately  paying  for   them   in  money, 
unless  he  is  able  to  obtain  a  postponement  at  the  good  will  of  the  seller. 

29.  No  constable  shall  require  any  knight  to  give  money  in  place  of 
his  ward  of  a  castle  if  he  is  willing  to  furnish  that  ward  in  his  own 
person  or  through  another  honest  man,  if  he  himself  is  not  able  to  do 
it  for  a  reasonable  cause ;  and  if  we  shall  lead  or  send  him  into  the 
army  he  shall  be  free  from  ward  in  proportion  to  the  amount  of  time 
by  which  he  has  been  in  the  army  through  us. 

30.  No  sheriff  or  bailiff  of  ours  or  any  one  else  shall  take  horses  or 
wagons  of  any  free  man  for  carrying  purposes  except  on  the  permission 
of  that  free  man. 

31.  Neither  we  nor  our  bailiffs  will  take  the  wood  of  another  man 
for  castles,  or  for  anything  else  which  we  are  doing,  except  by  the 
permission  of  him  to  whom  the  wood  belongs. 

32.  We  will  not  hold  the  lands  of  those  convicted  of  a  felony  for 
more  than  a  year  and  a  day,  after  which  the  lands  shall  be  returned  to 
the  lords  of  the  fiefs. 

33.  All   the   fish- weirs   in   the    Thames    and    the    Medway,    and 
throughout  all  England  shall  be  done  away  with,  except  those  on  the 
coast. 

34.  The  writ  which   is  called  praecipe  shall  not  be  given  for  the 
future  to  any  one  concerning  any  tenement  by  which  a  free  man  can 
lose  his  court. 

35.  There  shall  be  one  measure  of  wine  throughout  our  whole  king- 
dom, and  one  measure  of  ale,  and  one  measure  of  grain,  that  is  the 
London  quarter,  and  one  width  of  dyed  cloth  and  of  russets  and  of 
halbergets,  that  is  two  ells  within  the  selvages ;  of  weights,  moreover, 
it  shall  be  as  of  measures. 

36.  Nothing  shall  henceforth  be  given  or  taken  for  a  writ  of  inquisi- 
tion concerning  life  or  limbs,  but  it  shall  be  given  freely  and  not 
denied. 

37.  If  any  one  holds  from  us  by  fee  farm  or  by  soccage  or  by  bur- 
gage,  and  from  another  he  holds  land  by  military  service,  we  will  not 
have  the  guardianship  of  the  heir  or  of  his  land  which  is  of  the  fief  of 
another,  on  account  of  that  fee  farm,  or   soccage,  or  burgage;  nor 
will  we  have  the  custody  of  that  fee  farm,  or  soccage,  or  burgage, 
unless  that  fee  farm  itself  owes  military  service.     We  will  not  have  the 
guardianship  of  the  heir  or  of  the  land  of  any  one,  which  he  holds  from 


12  TRANSLATIONS   AND   REPRINTS. 

another  by  military  service  on  account  of  any  petty  serjeanty  which  he 
holds  from  us  by  the  service  of  paying  to  us  knives  or  arrows,  of 
things  of  that  kind. 

38.  No  bailiff  for  the  future  shall  place   any   one  to   his   law   on 
his  simple  affirmation,  without   credible   witnesses   brought   for    this 
purpose. 

39.  No  free  man  shall  be  taken  or  imprisoned  or  dispossessed,  or 
outlawed,  or  banished,  or  in  any  way  destroyed,  nor  will  we  go  upon 
him,  nor  send  upon  him,  except  by  the  legal  judgment  of  his  peers  or 
by  the  law  of  the  land. 

40.  To  no  one  will  we  sell,  to  no  one  will  we  deny,  or  delay  right  or 
justice. 

41.  All  merchants  shall  be  safe  and  secure  in  going  out  from  Eng- 
land and  coming  into  England  and  in  remaining  and  going  through 
England,  as  well  by  land  as  by  water,  for  buying  and  selling,  free  from 
all  evil  tolls,  by  the  ancient  and  rightful  customs,  except  in  time  of 
war,  and  if  they  are  of  a  land  at  war  with  us ;  and  if  such  are  found  in 
our  land  at  the  beginning  of  war,  they  shall  be  attached  without  injury 
to  their  bodies  or  goods,  until  it  shall  be  known  from  us  or  from  our 
principal  justiciar  in  what  way  the  merchants  of  our  land  are  treated 
who  shall  then  be  found  in  the  country  which  is  at  war  with  us ;  and 
if  ours  are  safe  there,  the  others  shall  be  safe  in  our  land. 

42.  It  is  allowed  henceforth  to  any  one  to  go  out  from  our  kingdom, 
and  to  return,  safely  and  securely,  by  land  and  by  water,  saving  their 
fidelity  to  us,   except  in  time  of  war  for  some  short  time,  for  the 
common  good  of  the  kingdom;  excepting  persons   imprisoned   and 
outlawed  according  to  the  law  of  the  realm,  and  people  of  a  land  at 
war  with  us,  and  merchants,  of  whom  it  shall  be  done  as  is  before  said. 

43.  If  any  one  holds  from  an  escheat,  as  from  the  honor  of  Walling- 
ford,  or  Nottingham,  or  Boulogne,  or  Lancaster,  or  from  other  escheats 
which  are  in  our  hands  and  are  baronies,  and  he  dies,  his  heir  shall 
not  give  any  other  relief,  nor  do  to  us  any  other  service  than  he  would 
do  to  the  baron,  if  that  barony  was  in  the  hands  of  the  baron ;  and  we 
will  hold  it  in  the  same  way  as  the  baron  held  it. 

44.  Men  who  dwell  outside  the  forest  shall  not  henceforth  come 
before  our  justiciars  of  the  forest,  on  common  summons,  unless  they 
are  in  a  plea  of,  or  pledges  for  any  person  or  persons  who  are  arrested 
on  account  of  the  forest. 

45.  We  will  not  make  justiciars,  constables,  sheriffs  or  bailiffs  except 
of  such  as  know  the  law  of  the  realm  and  are  well  inclined  to  observe  it. 


THE   GREAT   CHARTER.  13 

46.  All  barons  who  have  founded  abbeys  for  which  they  have  chat . 
ters  of  kings  of  England,  or  ancient  tenure,  shall  have  their  custody 
when  they  have  become  vacant,  as  they  ought  to  have. 

47.  All  forests  which  have  been  afforested  in  our  time  shall  be  dis- 
afforested immediately;  and  so  it  shall   be   concerning  river  bank* 
which  in  our  time  have  been  fenced  in. 

48.  All  the  bad  customs  concerning  forests  and  warrens  and  coi»- 
cerning  foresters  and  warreners,  sheriffs  and  their  servants,  river  banks 
and  their  guardians  shall  be  inquired  into  immediately  in  each  county 
by  twelve  sworn  knights  of  the  same  county,  who  shall  be  elected  by 
the  honest  men  of  the  same  county,  and  within  forty  days  after  th« 
inquisition  has  been  made,  they  shall  be  entirely  destroyed  by  them, 
never  to  be  restored,  provided  that  we  be  first  informed  of  it,  or  our 
justiciar,  if  we  are  not  in  England. 

49.  We  will  give  back  immediately  all  hostages  and  charters  which 
have  been  liberated  to  us  by  Englishmen  as  security  for  peace  or  for 
faithful  service. 

50.  We  will  remove  absolutely  from  their  bailiwicks  the  relatives  of 
Gerard  de  Athyes,  so  that  for  the  future  they  shall  have  no  bailiwick 
in  England ;  Engelard  de  Cygony,  Andrew,  Peter  and  Gyon  de  Chary, 
celles,  Gyon  de  Cygony,  Geoffrey  de  Martin  and  his  brothers,  Philip 
Mark  and  his  brothers,  and  Geoffrey  his  nephew  and  their  whole  retinue^ 

51.  And  immediately  after  the  re-establishment  of   peace  we  wi£ 
remove  from  the  kingdom  all  foreign-born  soldiers,  cross-bow  meti« 
servants,  and  mercenaries  who  have  come  with  horses  and  arms  for  the 
injury  of  the  realm. 

52.  If  any  one  shall  have  been  dispossessed  or  removed  by  us  without 
legal  judgment  of  his  peers,  from  his  lands,  castles,  franchises,  or  hvs 
right,  we  will  restore  them  to  him  immediately;    and  if   contention 
arises  about  this,  then  it  shall  be  done  according  to  the  judgment  ctf 
the  twenty-five  barons,  of  whom  mention  is  made  below  concerning 
the  security  of  the  peace.     Concerning  all  those  things,  however,  from 
which  any  one  has  been  removed  or  of  which  he  has  been  deprived 
without  legal  judgment  of  his  peers  by  King  Henry  our  father,  or  by 
King  Richard  our  brother,  which  we  have  in  our  land,  or  which  others 
hold,  and  which  it  is  our  duty  to  guarantee,  we  shall  have  respite  till 
the  usual  term  of  crusaders ;  excepting  those  things  about  which  the 
suit  has  been  begun  or  the  inquisition  made  by  our  writ  before  our 
assumption  of   the  cross ;    when,  however,  we  shall   return  from   our 


14  TRANSLATIONS   AND   REPRINTS. 

journey  or  if  by  chance  we  desist  from  the  journey,  we  will  immedi- 
ately show  full  justice  in  regard  to  them. 

53.  We  shall,  moreover,  have  the  same  respite  and  in  the   same 
manner  about  showing  justice  in  regard  to  the  forests  which  are  to  be 
disafforested  or  to  remain  forests,  which  Henry  our  father  or  Richard 
our  brother  made  into  forests ;  and  concerning  the  custody  of  lands 
which  are  in  the  fief  of  another,  custody  of  which  we  have  until  now 
had  on  account  of  a  fief  which  any  one  has  held  from  us  by  military 
service;  and  concerning  the  abbeys  which  have  been  founded. in  fiefs 
of  others  than  ourselves,  in  which  the  lord  of  the  fee  has  asserted  for 
himself  a  right ;  and  when  we  return  or  if  we  should  desist  from  our 
journey  we  will  immediately  show  full  justice  to  those  complaining  in 
regard  to  them. 

54.  No   one  shall   be  seized  nor   imprisoned  on  the  appeal  of   a 
woman  concerning  the  death  of  any  one  except  her  husband. 

55.  All  fines  which  have  been  imposed  unjustly  and  against  the  law 
of  the  land,  and  all  penalties  imposed  unjustly  and  against  the  law  of 
the  land  are  altogether  excused,  or  will  be  on  the  judgment  of  the 
twenty-five  barons  of  whom  mention  is  made  below  in  connection  with 
the  security  of  the  peace,  or  on  the  judgment  of  the  majority  of  them, 
along  with  the  aforesaid  Stephen,  archbishop  of  Canterbury,  if  he  is 
able  to  be  present,  and  others  whom  he  may  wish  to  call  for  this  purpose 
along  with  him.     And  if  he  should  not  be  able  to  be  present,  neverthe- 
less the  business  shall  go  on  without  him,  provided  that  if  any  one  or 
more  of  the  aforesaid  twenty-five  barons  are  in  a  similar  suit  they  should 
be  removed  as  far  as  this  particular  judgment  goes,  and  others  who 
shall  be  chosen  and  put  upon  oath,  by  the  remainder  of  the  twenty- 
five  shall  be  substituted  for  them  for  this  purpose. 

56.  If  we  have  dispossessed  or  removed  any  Welshmen  from  their 
lands,  or  franchises,  or  other  things,  without  legal  judgment  of  their 
peers,  in  England,  or  in  Wales,  they  shall  be  immediately  returned  to 
them ;  and  if  a  dispute  shall  have  arisen  over  this,  then  it  shall  be 
settled  in  the  borderland  by  judgment  of  their  peers,  concerning  hold- 
ings of  England  according  to  the  law  of  England,  concerning  holdings 
of  Wales  according  to  the  law  of  Wales,  and  concerning  holdings  of 
the  borderland  according  to  the  law  of  the  borderland.     The  Welsh 
shall  do  the  same  to  us  and  ours. 

57.  Concerning  all  those  things,  however,  from  which  any  one  of  the 
Welsh  shall  have  been  removed  or  dispossessed  without  legal  judgment 


THE   GREAT   CHARTER.  15 

of  his  peers,  by  King  Henry  our  father,  or  King  Richard  our  brother, 
which  we  hold  in  our  hands,  or  which  others  hold,  and  we  are  bound 
to  warrant  to  them,  we  shall  have  respite  till  the  usual  period  of  cru- 
saders, those  being  excepted  abont  which  suit  was  begun  or  inquisition 
made  by  our  command  before  our  assumption  of  the  cross.  When, 
however,  we  shall  return  or  if  by  chance  we  shall  desist  from  our 
journey,  we  will  show  full  justice  to  them  immediately,  according  to 
the  laws  of  the  Welsh  and  the  aforesaid  parts. 

58.  We  will  give  back  the  son  of  Lewellyn  immediately,  and  all  the 
hostages  from  Wales  and  the  charters  which  had  been  liberated  to  us 
as  a  security  for  peace. 

59.  We  will  act  toward  Alexander,  king  of  the  Scots,  concerning  the 
return  of  his  sisters  and  his  hostages,  and  concernng  his  franchises  and 
his  right,  according  to  the  manner  in  which  we  shall  act  toward  oui 
other  barons  of  England,  unless  it  ought  to  be  otherwise  by  the  charters 
which  we  hold  from  William  his  father,  formerly  king  of  the  Scots,  and 
this  shall  be  by  the  judgment  of  his  peers  in  our  court. 

60.  Moreover,  all  those   customs  and  franchises  mentioned  above 
which  we  have  conceded  in  our  kingdom,  and  which  are  to  be  fulfilled, 
as  far  as  pertains  to  us,  in  respect  to  our  men  ;  all  men  of  our  kingdom 
as  well  clergy  as  laymen,  shall  observe  as  far  as  pertains  to  them,  in 
respect  to  their  men. 

61.  Since,  moreover,  for  the  sake  of  God,  and  for  the  improvement 
of  our  kingdom,  and  for  the  better  quieting  of  the  hostility  sprung  up 
lately  between  us  and  our  barons,  we  have  made  all  these  concessions ; 
wishing  them  to  enjoy  these  in  a  complete  and  firm  stability  forever, 
we  make  and  concede  to  them  the  security  described  below ;  that  is  to 
say,  that  they  shall  elect  twenty-five  barons  of  the  kingdom,  whom  they 
will,  who  ought  with  all  their  power  to  observe,  hold,  and  cause  to  be 
observed,  the  peace  and  liberties  whicli  we  have  conceded  to  them, 
and  by  this  our  present  charter  confirmed  to  them ;  in  this  manner, 
that  if  we  or  our  justiciar,  or  our  bailiffs,  or  any  of  our  servants  shall 
have  done  wrong  in  any  way  toward  any  one,  or  shall  have  transgressed 
any  of  the  articles  of  peace  or  security ;  and  the  wrong  shall  have  been 
shown  to  four  barons  of  the  aforesaid  twenty-five  barons,  let  those  four 
barons  come  to  us  or  to  our  justiciar,  if  we  are  out  of  the  kingdom,  lay- 
ing before  us  the  transgression,  and  let  them  ask  that  we  cause  that 
transgression  to  be  corrected  without  delay.     And  if  we  shall  not  have 
corrected  the  transgression  or,  if  we  shall  be  out  of  the  kingdom,  if  our 


1 6  TRANSLATIONS  AND   REPRINTS. 

justiciar  shall  not  have  corrected  it  within  a  period  of  forty  days, 
counting  from  the  time  in  which  it  has  been  shown  to  us  or  to  our 
justiciar,  if  we  are  out  of  the  kingdom ;  the  aforesaid  four  barons  shall 
refer  the  matter  to  the  remainder  of  the  twenty-five  barons,  and  let 
these  twenty-five  barons  with  the  whole  community  of  the  country  dis- 
tress and  injure  us  in  every  way  they  can ;  that  is  to  say  by  the  seizure 
of  our  castles,  lands,  possessions,  and  in  such  other  ways  as  they  can 
until  it  shall  have  been  corrected  according  to  their  judgment,  saving 
our  person  and  that  of  our  queen,  and  those  of  our  children ;  and  when 
the  correction  has  been  made,  let  them  devote  themselves  to  us  as  they 
did  before.  And  let  whoever  in  the  country  wishes  take  an  oath  that 
in  all  the  above-mentioned  measures  he  will  obey  the  orders  of  the 
aforesaid  twenty-five  barons,  and  that  he  will  injure  us  as  far  as  he  is 
able  with  them,  and  we  give  permission  to  swear  publicly  and  freely  to 
each  one  who  wishes  to  swear,  and  no  one  will  we  ever  forbid  to  swear. 
All  those,  moreover,  in  the  country  who  of  themselves  and  their  own 
will  are  unwilling  to  take  an  oath  to  the  twenty-five  barons  as  to  distress- 
ing and  injuring  us  along  with  them,  we  will  compel  to  take  the  oath 
by  our  mandate,  as  before  said.  And  if  any  one  of  the  twenty-five 
barons  shall  have  died  or  departed  from  the  land  or  shall  in  any  other 
way  be  prevented  from  taking  the  above  mentioned  action,  let  the 
remainder  of  the  aforesaid  twenty-five  barons  choose  another  in  his 
place,  according  to  their  judgment,  who  shall  take  an  oath  in  the  same 
way  as  the  others.  In  all  those  things,  moreover,  which  are  committed 
to  those  five  and  twenty  barons  to  carry  out,  if  perhaps  the  twenty-five 
are  present,  and  some  disagreement  arises  among  them  about  some- 
thing, or  if  any  of  them  when  they  have  been  summoned  are  not  will- 
ing or  are  not  able  to  be  present,  let  that  be  considered  valid  and  firm 
which  the  greater  part  of  those  who  are  present  arrange  or  command, 
just  as  if  the  whole  twenty-five  had  agreed  in  this ;  and  let  the  afore- 
said twenty-five  swear  that  they  will  observe  faithfully  all  the  things 
which  are  said  above,  and  with  all  their  ability  cause  them  to  be 
observed.  And  we  will  obtain  nothing  from  any  one,  either  by  ourselves 
or  by  another  by  which  any  of  these  concessions  and  liberties  shall  be 
revoked  or  diminished ;  and  if  any  such  thing  shall  have  been  obtained, 
let  it  be  invalid  and  void,  and  we  will  never  use  it  by  ourselves  or  by 
another. 

62.  And  all  ill-will,  grudges,  and  anger  sprung  up  between  us  and 
our  men,  clergy  and  laymen,  from  the  time  of  the  dispute,  we  have  fully 


CONFIRMATION   OF   THE   CHARTERS.  lj 

renounced  and  pardoned  to  all.  Moreover,  all  transgressions  com- 
mitted on  account  of  this  dispute,  from  Easter  in  the  sixteenth  year  of 
our  reign  till  the  restoration  of  peace,  we  have  fully  remitted  to  all, 
clergy  and  laymen,  and  as  far  as  pertains  to  us,  fully  pardoned.  And 
moreover  we  have  caused  to  be  made  for  them  testimonial  letters- 
patent  of  lord  Stephen,  archbishop  of  Canterbury,  lord  Henry,  arch- 
bishop of  Dublin,  and  of  the  aforesaid  bishops  and  of  master  Pandulf, 
in  respect  to  that  security  and  the  concessions  named  above. 

63.  Wherefore  we  will  and  firmly  command  that  the  Church  of 
England  shall  be  free,  and  that  the  men  in  our  kingdom  shall  have  and 
hold  all  the  aforesaid  liberties,  rights  and  concessions,  well  and  peace- 
fully, freely  and  quietly,  fully  and  completely,  for  themselves  and  their 
heirs,  from  us  and  our  heirs,  in  all  things  and  places,  forever,  as  before 
said.  It  has  been  sworn,  moreover,  as  well  on  our  part  as  on  the  part 
of  the  barons,  that  all  these  things  spoken  of  above  shall  be  observed  in 
good  faith  and  without  any  evil  intent.  Witness  the  above  named  and 
many  others.  Given  by  our  hand  in  the  meadow  which  is  called  Runny- 
mede,  between  Windsor  and  Staines,  on  the  fifteenth  day  of  June,  in 
the  seventeenth  year  of  our  reign. 

8.    CORONATION   OATH   OF   HENRY   HI.,  A.  D.,  I2l6. 
Matthew  Paris,  Greater  Chronicles.     III.  i,  2.     Rolls  Series.     Latin. 

Standing  there  before  the  high  altar,  the  holy  gospels  and  the  relics 
of  many  saints  having  been  placed  near,  Jocelyn  [bishop]  of  Bath 
dictating  the  oath,  he  swore  before  the  clergy  and  people  that  he  would 
observe  honor,  peace,  and  reverence  toward  God  and  holy  church  and 
its  ministers,  all  the  days  of  his  life ;  that  concerning  the  people  com- 
mitted to  him,  he  would  preserve  right  justice;  and  that  he  would 
abolish  evil  laws  and  unjust  customs,  if  there  were  such  in  the  realm, 
and  abide  by  the  good  ones,  and  make  them  to  be  observed  by  all  good 
men. 

9.   CONFIRMATION   OF  THE   CHARTERS,  BY   EDWARD  I.,  1297. 
Statutes  of  the  Realm,  I.  123,  124.     French. 

i.  Edward,  by  the  grace  of  God  king  of  England,  lord  of  Ireland, 
and  duke  of  Aquitaine  to  all  those  that  shall  hear  or  see  these  present 
letters,  greeting :  Know  ye,  that  we  to  the  honor  of  God  and  of  holy 
church,  and  to  the  profit  of  our  realm,  have  granted  for  us  and  our 
heirs  that  the  Charter  of  Liberties  and  the  Charter  of  the  Forest, 


1 8  TRANSLATIONS   AND   REPRINTS. 

which  weie  made  by  common  assent  of  all  the  realm,  in  the  time  of 
King  Henry  our  father,  shall  be  kept  in  every  point  without  breach. 
And  we  will  that  the  same  charters  shall  be  sent  under  our  seal  as  well 
to  our  justices  of  the  forest  as  to  others,  and  to  all  sheriffs  of  shires, 
and  to  all  other  officers  and  to  all  our  cities  throughout  the  realm, 
together  with  our  writs,  in  which  it  shall  be  contained  that  they  cause 
the  aforesaid  charters  to  be  published,  and  declare  to  the  people  that 
we  have  confirmed  them  in  all  points,  and  that  our  justices,  sheriffs, 
mayors,  and  other  officials  which  under  us  have  the  laws  of  our  land  to 
guide,  shall  allow  the  said  charters  pleaded  before  them  in  judgment 
in  all  their  points ;  that  is  to  wit,  the  Great  Charter  as  the  common  law 
and  the  Charter  of  the  Forest  according  to  the  assize  of  the  forest,  for 
the  weal  of  our  realm. 

2.  And  we  will  that  if  any  judgment  be  given  from  henceforth,  by 
the  justices  or  by  any  other  of  our  officials  that  hold  pleas  before  them, 
against  the  points  of  the  charters  aforesaid,  it  shall  be  undone  and 
holden  for  naught. 

3.  And  we  will  that  the  same  charters  shall  be  sent  under  our  seal 
to  cathedral  churches  throughout  our  realm,  there  to  remain,  and  shall 
be  read  before  the  people  twice  yearly. 

4.  And  that  all  archbishops  and  bishops  shall  pronounce  the  sentence 
of  greater  excommunication  against  all  those  that  by  word,  deed,  or 
counsel,  do  contrary  to  the  aforesaid  charters,  or  that  in  any  point 
break   or   undo    them.     And  that  the  said  curses   be   twice   a   year 
denounced  and  published  by  the  prelates  aforesaid.     And  if  the  same 
prelates  or  any  of  them  be  remiss  in    the  denunciation  of   the  said 
sentences,  the  archbishops  of  Canterbury  and  York  for  the  time  being, 
as  is  fitting,  shall  compel  and  distrain  them  to  make  that  denunciation 
in  form  aforesaid. 

5.  And  for  as  much  as  divers  people  of  our  realm  are  in  fear  that 
the  aids  and  tasks  which  they  have  given  to  us  beforetime  towards  our 
wars  and  other  business,  of  their  own  grant  and  good-will,  howsoever 
they  were  made,  might  turn  to  a  bondage  to  them  and  their  heirs, 
because  they  might  be  at  another  time  found  in  the  rolls,  and  so  like- 
wise the  prises  taken  throughout  the  realm  by  our  ministers ;  we  have 
granted  for  us  and  our  heirs,  that  we  shall  not  draw  such  aids,  tasks, 
nor  prises,  into  a  custom,  for  anything  that  hath  been  done  heretofore 
or  that  may  be  found  by  roll  or  in  any  other  manner. 

6.  Moreover  we  have  granted  for  us  and  our  heirs,  as  well  to  arch- 


CORONATION   OATH   OF   EDWARD   II.  19 

bishops,  bishops,  abbots,  priors,  and  other  folk  of  holy  church,  as  also 
to  earls,  barons,  and  to  all  the  commonalty  of  the  land,  that  for  no 
business  from  henceforth  will  we  take  such  manner  of  aids,  tasks,  nor 
prises,  but  by  the  common  consent  of  the  realm,  and  for  the  common 
profit  thereof,  saving  the  ancient  aids  and  prises  due  and  accustomed. 

7.  And  for  as  much  as  the  more  part  of  the  commonalty  of  the  realm 
find  themselves  sore  grieved  with  the  maletote  of  wools,  that  is  to  wit, 
a  toll  of  forty  shillings  for  every  sack  of  wool,  and  have  made  petition 
to  us  to  release  the  same ;  we,  at  their  requests,  have  clearly  released  it, 
and  have  granted  for  us  and  our  heirs  that  we  shall  not  take  such  thing 
or  any  other  without  their  common  assent  and  good-will,  saving  to  us 
and  our  heirs  the  custom  of  wools,  skins,  and  leather  granted  before 
by  the  commonalty  aforesaid.  In  witness  of  which  things  we  have 
caused  these  our  letters  to  be  made  patent.  Witness  Edward,  our 
son,  at  London,  the  tenth  day  of  October,  the  five  and  twentieth  year 
of  our  reign. 

And  be  it  remembered  that  this  same  charter  in  the  same  terms, 
word  for  word,  was  sealed  in  Flanders  under  the  king's  great  seal,  that 
is  to  say  at  Ghent,  the  fifth  day  of  November  in  the  twenty-fifth  year 
of  the  reign  of  our  aforesaid  lord  the  king,  and  sent  into  England. 

10.    CORONATION   OATH   OF   EDWARD   II.,  A.  D.  1307. 
Statutes  of  the  Realm.     I.  168.     French. 

\_Archbishop.~]  Sire,  will  you  grant  and  observe,  and  by  your  oath 
confirm  to  the  people  of  England  the  laws  and  customs  granted  to  them 
by  the  ancient  kings  of  England,  your  predecessors,  just  and  devoted 
to  God ;  and  especially  the  laws  and  customs  and  franchises  granted 
to  the  clergy  and  to  the  people  by  the  glorious  king,  saint  Edward, 
your  predecessor?  \_King.~\  I  grant  them  and  promise  them.  \_Arch- 
bisbopJ]  Sire,  will  you  keep  toward  God  and  holy  church,  and  clergy 
and  people  entire  peace  and  concord  in  God,  according  to  your  power? 
[King."]  I  will  keep  them.  \_ArchbishopJ]  Sire,  will  you  cause  to  be 
given  in  all  your  judgments  equal  and  right  justice  and  judgment,  in 
mercy  and  truth,  according  to  your  power?  [King."]  I  will  do  it. 
{Archbishop.']  Sire,  do  you  grant  that  the  just  laws  and  customs  will  be 
observed  which  the  commonalty  of  your  realm  have  chosen,  and  do  you 
promise  to  protect  and  enforce  them  to  the  honor  of  God,  according 
to  your  power?  [King.']  I  grant  and  promise  it. 


2O  TRANSLATIONS   AND   REPRINTS. 


II.  JUDICIAL  DOCUMENTS. 

In  England,  during  the  Saxon  period,  the  hundred  and  the  shire  moots  evidently 
exercised  a  quite  varied  jurisdiction,  an  activity  which  lasted  at  least  to  the  thirteenth 
century.  Feudal  or  private  jurisdiction  grew  up  as  an  intrusion  upon  these  older 
courts,  and  with  the  Norman  conquest  an  ecclesiastical  jurisdiction  was  formally  sep- 
arated from  them.  But  it  was  the  judicial  powers  of  the  king  and  of  his  judges  that 
were  destined  to  predominate  over,  and  eventually  to  supersede,  all  these  other  courts. 
Moreover,  the  centralized  government  of  the  Norman  and  Angevin  kings  was  made 
effective  largely  through  the  agency  of  royal  officials  whose  principal  duties  were  of  a 
judicial  nature.  The  following  documents  are  intended  to  illustrate  the  continuance 
of  the  earliest  and  the  growth  and  development  of  the  latest  of  these  forms  of  judicial 
organization : 

I.   PROVISIONS   FOR   THE   HUNDRED   AND   SHIRE   COURTS. 

Thorpe:  Ancient  Laws  and  Institutes  of  England.  I.  pp.  258  and  268.  Anglo- 
Saxon;  and  Stubbs'  Select  Charters,  p.  81.  Latin. 

Edgar.     This  is  the  ordinance  how  the  hundred  shall  be  held. 

1.  That  they  meet  always  within  four  weeks:  and  that  every  man 
do  justice  to  another. 

2.  That  a  thief  shall  be  pursued If  there  be  immediate 

need  let  it  be  made  known  to  the  hundred-man,  and  let  him  inform 
the  tithing-man ;  and  let  all  go  forth  to  where  God  may  direct  them 
to  go :  let  them  do  justice  on  the  thief,  as  it  was  formerly  the  enact- 
ment of  Edmund.     And  let  the  money  value  be  paid  to  him  who  owns 
the  cattle,  and  the  rest  be  divided  into  two ;  half  to  the  hundred,  hah* 
to  the  lord,  excepting  men ;  and  let  the  lord  take  possession  of  the 
men. 

5.  We  have  also  ordained;  if  the  hundred  pursue  a  track  into 
another  hundred,  that  notice  be  given  to  the  hundred-man,  and  that  he 
go  with  them.  If  he  neglect  this,  let  him  pay  thirty  shillings  to  the  king. 

7.  In  the  hundred,  as  in  any  other  court,  we  ordain  that  folk-right 
be  pronounced  in  every  suit,  and  that  a  term  be  fixed  when  it  shall  be 
fulfilled.  And  he  who  shall  break  that  term,  unless  it  be  by  his  lord's 
decree,  let  him  make  compensation  with  thirty  shillings,  and  on  the 
day  fixed  fulfil  that  which  he  ought  to  have  done  before. 

9.  Let  the  iron  that  is  for  the  three-fold  ordeal  weigh  three  pounds ; 
and  for  the  single,  one  pound. 


HUNDRED   AND   SHIRE   MOOTS.  21 

Edgar.  II,  5.  And  let  the  hundred  court  be  attended  as  it  was  before 
fixed ;  and  three  times  in  the  year  let  a  borough  court  be  held ;  and 
twice,  a  shire  court,  and  let  there  be  present  the  bishop  of  the  shire 
and  the  ealdorman,  and  there  let  both  expound  as  well  the  law  of  God 
as  the  secular  law. 

William  I.  8.  Let  the  hundred  and  the  county  be  summoned  as  our 
ancestors  ordered. 


2.   A   SHIRE-MOOT   IN   HEREFORDSHIRE,  ABOUT  A.  D.  1036. 
Thorpe,  Diplomatarium  Anglicum,  p.  336.     Anglo-Saxon. 

Here  is  made  known  in  this  writing,  that  a  shire-moot  sat  at 
Aegelnoth's  stone,  in  the  day  of  King  Cnut.  There  sat  Aethelstan, 
bishop,  and  Ranig,  ealdorman,  and  Edwin,  the  ealdorman's  son,  and 
Leofwine,  Wulfsige's  son,  and  Thurkil  White ;  and  Tofig  Prud  came 
there  on  the  king's  errand ;  and  Bryning,  shire-reeve,  and  Aegelweard 
of  Frome  and  Leofwine  of  Frome  and  Godric  of  Stoke,  and  all  the 
thanes  in  Herefordshire  were  there.  Then  came  traveling  there  to 
the  moot  Edwin,  Eanwen's  son,  and  there  raised  a  claim  against  his 
own  mother  to  a  portion  of  land,  namely,  at  Wellington  and  Coadley. 
Then  asked  the  bishop,  who  would  answer  for  his  mother.  Then 
answered  Thurkil  White  and  said  that  he  would  if  he  knew  the  claim. 
Since  he  did  not  know  the  claim,  they  deputed  three  thanes  from  the 
moot  to  where  she  was,  which  was  at  Fawley.  These  were  Leofwine 
of  Frome,  and  Aegelsig  the  Red,  and  Winsige  Scaegthman.  And  when 
they  came  to  her  they  asked  what  claim  she  had  to  the  lands  for  which 
her  son  was  suing.  Then  said  she  that  she  had  no  land  that  in  any 
way  belonged  to  him,  and  was  bitterly  angry  with  her  son.  Then  she 
called  to  her  Leoflaed,  her  kinswoman,  Thurkil's  wife,  and  spoke  to 
her  as  follows,  before  them  all :  "  Here  sits  Leoflaed,  my  kinswoman, 
to  whom  I  give  not  only  my  land,  but  my  gold,  and  garments,  and 
robes,  and  all  that  I  own,  after  my  day."  And  she  then  said  to  the 
thanes :  "  Do  thane-like  and  well ;  announce  my  errand  to  the  moot 
before  all  the  good  men,  and  tell  them  to  whom  I  have  given  my  land 
and  all  my  properly ;  and  to  my  own  son  never  anything,  and  bid  them 
be  witnesses  of  this."  And  they  then  did  so,  rode  to  the  moot,  and 
declared  to  all  the  good  men  what  she  had  laid  upon  them.  Then 
Thurkil  White  stood  up  in  the  moot  and  prayed  all  the  thanes  to  grant 


22  TRANSLATIONS   AND   REPRINTS. 

to  his  wife  clean  the  lands  which  her  kinswoman  had  given  her,  and 
they  did  so.  And  Thurkil  then  rode  to  St.  Aethelbert's  monastery, 
with  the  leave  and  witness  of  all  the  folk,  and  caused  it  to  be  set  in  a 
Christ's  book. 

3.   WRIT   OF   WILLIAM   II.',  FOR   AN   INQUISITION. 
Palgrave's  English  Commonwealth,  II,  clxxix.     Latin. 

The  king  to  William  de  Cahaunis  greeting :  I  require  you  to  cause 
the  shire  of  Hampton  to  meet,  and  on  its  judgment  to  decide  whether 
the  land  of  Isham  paid  a  rent  to  the  monks  of  St.  Benedict,  in  the  time 
of  my  father,  and  if  this  is  found  to  have  been  so,  let  it  be  in  the 
control  of  the  abbot ;  thus  if  it  is  found  to  be  demesne  land,  whoever 
holds  it  let  him  hold  it  from  the  abbot,  and  acknowledge  him.  And 
if  he  is  not  willing,  let  the  abbot  have  it  in  his  control,  and  see  that  no 
further  complaint  comes  to  me  about  it.  Witness,  William,  bishop  of 
Durham.  ' 

4.   WRIT   OF   WILLIAM,  SON   OF   HENRY   I.,  FOR  A   RECOGNITION. 

Palgrave's  English  Commonwealth,  II,  clxxix.     Latin. 

William,  son  of  the  king,  to  William,  sheriff  of  Kent,  greeting :  I 
command  you  to  require  Hamo,  son  of  Vitalis,  and  the  honest  men  of 
the  neighborhood  of  Sandwich,  whom  Hamo  will  nominate,  to  give  a 
verdict  [ut  dicant  veritatem~\  concerning  the  ship  of  the  abbot  of  St. 
Augustine.  And  if  that  ship  came  by  sea  on  the  day  when  the  king 
recently  crossed  the  sea  then  I  command  that  it  should  go  free,  until 
the  king  comes  into  England,  and  in  the  meantime  that  it  should  be 
given  back  to  the  aforesaid  abbot.  Witness  the  bishop  of  Salisbury 
and  the  chancellor,  at  Woodstock. 

5.    THE   ASSIZE   OF   CLARENDON,  1 1 66. 
Stubbs'  Select  Charters,  137-139.     Latin. 

Here  begins  the  Assize  of  Clarendon,  made  by  King  Henry  II.  with 
the  assent  of  the  archbishops,  bishops,  abbots,  earls  and  barons  of  all 
England. 

§  i .  In  the  first  place,  the  aforesaid  King  Henry,  with  the  consent 
of  all  his  barons,  for  the  preservation  of  the  peace  and  the  keeping  of 
justice,  has  enacted  that  inquiry  should  be  made  through  the  several 
counties  and  through  the  several  hundreds,  by  twelve  of  the  most  legal 
men  of  the  hundred  and  by  four  of  the  most  legal  men  of  each  manor, 


ASSIZE   OF   CLARENDON.  23 

upon  their  oath  that  they  will  tell  the  truth,  whether  there  is  in  their 
hundred  or  in  their  manor,  any  man  who  has  been  accused  or  publicly 
suspected  of  himself  being  a  robber,  or  murderer,  or  thief,  or  of  being 
a  receiver  of  robbers,  or  murderers,  or  thieves,  since  the  lord  king  has 
been  king.  And  let  the  justices  make  this  inquiry  before  themselves, 
and  the  sheriffs  before  themselves. 

§  2.  And  let  any  one  who  has  been  found  by  the  oath  of  the  afore- 
said to  have  been  accused  or  publicly  suspected  of  having  been  a 
robber,  or  murderer,  or  thief,  or  a  receiver  of  them,  since  the  lord  king 
has  been  king,  be  arrested  and  go  to  the  ordeal  of  water  and  let  him 
swear  that  he  has  not  been  a  robber,  or  murderer,  or  thief,  or  receiver 
of  them  since  the  lord  king  has  been  king,  to  the  value  of  five  shillings, 
so  far  as  he  knows. 

§  3.  And  if  the  lord  of  the  man  who  has  been  arrested  or  his  stew- 
ard or  his  men  shall  have  claimed  him,  with  a  pledge,  within  the  third 
day  after  he  has  been  seized,  let  him  be  given  up  and  his  chattels  until 
be  himself  makes  his  law. 

§  4.  And  when  a  robber,  or  murderer,  or  thief,  or  receiver  of  them 
shall  have  been  seized  through  the  above-mentioned  oath,  if  the  justices 
are  not  to  come  very  soon  into  that  county  where  they  have  been 
arrested,  let  the  sheriffs  send  word  to  the  nearest  justice  by  some  intel- 
ligent man  that  they  have  arrested  such  men,  and  the  justices  will  send 
back  word  to  the  sheriffs  where  they  wish  that  these  should  be  brought 
before  them ;  and  the  sheriffs  shall  bring  them  before  the  justices ; 
and  along  with  these  they  shall  bring  from  the  hundred  and  the  manor 
where  they  have  been  arrested,  two  legal  men  to  carry  the  record  of 
the  county  and  of  the  hundred  as  to  why  they  were  seized,  and  there 
before  the  justice  let  them  make  their  law. 

§  5.  And  in  the  case  of  those  who  have  been  arrested  through  the 
aforesaid  oath  of  this  assize,  no  one  shall  have  court,  or  judgment,  or 
chattels,  except  the  lord  king  in  his  court  before  his  justices,  and  the 
lord  king  shall  have  all  their  chattels.  In  the  case  of  those,  however, 
who  have  been  arrested,  otherwise  than  through  this  oath,  let  it  be  as 
it  has  been  accustomed  and  ought  to  be. 

§  6.  And  the  sheriffs  who  have  arrested  them  shall  bring  such  before 
the  justice  without  any  other  summons  than  they  have  from  him. 
And  when  robbers,  or  murderers,  or  thieves,  or  receivers  of  them, 
who  have  been  arrested  through  the  oath  or  otherwise,  are  handed 
over  to  the  sheriffs  they  also  must  receive  them  immediately  without 
delay. 


24  TRANSLATIONS   AND    REPRINTS. 

§  7.  And  in  the  several  counties  where  there  are  no  jails,  let  such 
be  made  in  a  borough  or  in  some  castle  of  the  king,  from  the  money 
of  the  king  and  from  his  forest,  if  one  shall  be  near,  or  from  some 
other  neighboring  forest,  on  the  view  of  the  servants  of  the  king ;  ia 
order  that  in  them  the  sheriffs  may  be  able  to  detain  those  who  have 
been  seized  by  the  officials  who  are  accustomed  to  do  this  or  by  thesr 
servants. 

§  8.  And  the  lord  king,  moreover,  wills  that  all  should  come  to  the 
county  courts  to  make  this  oath,  so  that  no  one  shall  remain  behind 
because  of  any  franchise  which  he  has  or  court  or  jurisdiction  whicft 
he  has,  but  that  they  should  come  to  the  making  of  this  oath. 

§  9.  And  there  is  to  be  no  one  within  a  castle  or  without  a  castle  or 
even  in  the  honor  of  Wallingford,  who  may  forbid  the  sheriffs  to  enter 
into  his  court  or  his  land  for  seeing  to  the  f rankpledges  and  that  all  are 
under  pledges ;  and  let  them  be  sent  before  the  sheriffs  under  a  free 
pledge. 

§  10.  And  in  cities  and  boroughs,  let  no  one  have  men  or  receive 
them  in  his  house  or  in  his  land  or  his  soc,  whom  he  does  not  take  in 
hand  that  he  will  produce  before  the  justice  if  they  shall  be  required, 
or  else  let  them  be  under  a  frankpledge. 

§  ii.  And  let  there  be  none  within  a  city  or  borough  or  within  a 
castle  or  without,  or  even  in  the  honor  of  Wallingford,  who  shall  forbid 
the  sheriffs  to  enter  into  his  land  or  his  jurisdiction  to  arrest  those  who 
have  been  charged  or  publicly  suspected  of  being  robbers  or  murderers 
or  thieves  or  receivers  of  them,  or  outlaws,  or  persons  charged  concern  • 
ing  the  forest ;  but  he  requires  that  they  should  aid  them  to  capture 
these. 

§  12.  And  if  any  one  is  captured  who  has  in  his  possession  the  fruits 
of  robbery  or  theft,  if  he  is  of  bad  reputation  and  has  an  evil  testimony 
from  the  public,  and  has  not  a  warrant,  let  him  not  have  law.  And  if 
he  shall  not  have  been  accused  on  account  of  the  possession  which  he 
has,  let  him  go  to  the  water. 

§  13.  And  if  any  one  shall  have  acknowledged  robbery  or  murder  or 
theft  or  the  reception  of  them  in  the  presence  of  legal  men  or  of  the 
hundred,  and  afterwards  shall  wish  to  deny  it,  he  shall  not  have  law. 

§  14.  The  lord  king  wills,  moreover,  that  those  who  make  their  law 
and  shall  be  absolved  by  the  law,  if  they  are  of  very  bad  testimony, 
and  publicly  and  disgracefully  spoken  ill  of  by  the  testimony  of  many 
and  legal  men,  shall  abjure  the  lands  of  the  king,  so  that  within  eight 


ASSIZE   OF   CLARENDON.  35 

days  they  shall  go  over  the  sea,  unless  the  wind  shall  have  detained 
them ;  and  with  the  first  wind  which  they  shall  have  afterward  they 
shall  go  over  the  sea,  and  they  shall  not  afterward  return  into  England, 
except  on  the  permission  of  the  lord  king ;  and  then  let  them  be 
outlawed  if  they  return,  and  if  they  return  they  shall  be  seized  as 
outlaws. 

§  15.  And  the  lord  king  forbids  any  vagabond,  that  is  a  wandering 
or  an  unknown  man,  to  be  sheltered  anywhere  except  in  a  borough, 
and  even  there  he  shall  be  sheltered  only  one  night,  unless  he  shall  be 
sick  there,  or  his  horse,  so  that  he  is  able  to  show  an  evident  excuse. 

§  1 6.  And  if  he  shall  have  been  there  more  than  one  night,  let  him 
be  arrested  and  held  until  his  lord  shall  come  to  give  securities  for  him, 
or  until  he  himself  shall  have  secured  pledges ;  and  let  him  likewise 
be  arrested  who  has  sheltered  him. 

§  17.  And  if  any  sheriff  shall  have  sent  word  to  any  other  sheriff 
that  men  have  fled  from  his  county  into  another  county,  on  account  of 
robbery  or  murder  or  theft,  or  the  reception  of  them,  or  for  outlawry 
or  for  a  charge  concerning  the  forest  of  the  king,  let  him  arrest  them. 
And  even  if  he  knows  of  himself  or  through  others  that  such  men  have 
fled  into  his  county,  let  him  arrest  them  and  hold  them  until  he  shall 
have  secured  pledges  from  them. 

§  1 8.  And  let  all  sheriffs  cause  a  list  to  be  made  of  all  fugitives  who 
have  fled  from  their  counties ;  and  let  them  do  this  in  the  presence 
of  their  county  courts,  and  they  will  carry  the  written  names  of  these 
before  the  justices  when  they  come  first  before  these,  so  that  they  may 
be  sought  through  all  England,  and  their  chattels  may  be  seized  for 
the  use  of  the  king. 

§  19.  And  the  lord  king  wills  that,  from  the  time  when  the  sheriffs 
have  received  the  summons  of  the  justices  in  eyre  to  appear  before 
them  with  their  county  courts,  they  shall  gather  together  their  county 
courts  and  make  inquiry  for  all  who  have  recently  come  into  their 
counties  since  this  assize  ;  and  that  they  should  send  them  away  with 
pledges  that  they  will  be  before  the  justices,  or  else  keep  them  in 
custody  until  the  justices  come  to  them,  and  then  they  shall  have  them 
before  the  justices. 

§  20.  The  lord  king,  moreover,  prohibits  monks  and  canons  and  all 
religious  houses  from  receiving  any  one  of  the  lesser  people  as  a  monk 
or  canon  or  brother,  until  it  is  known  of  what  reputation  he  is,  unless 
he  shall  be  sick  unto  death. 


a  6  TRANSLATIONS   AND    REPRINTS. 

§  21.  The  lord  king,  moreover,  forbids  any  one  in  all  England  to 
receive  in  his  land  or  his  jurisdiction  or  in  a  house  under  him  any  one 
of  the  sect  of  those  renegades  who  have  been  excommunicated  and 
branded  at  Oxford.  And  if  any  one  shall  have  received  them,  he  will 
be  at  the  mercy  of  the  lord  king,  and  the  house  in  which  they  have 
been  shall  be  carried  outside  the  village  and  burned.  And  each  sheriff 
will  take  this  oath  that  he  will  hold  this,  and  will  make  all  his  servants 
swear  this,  and  the  stewards  of  the  barons,  and  all  knights  and  free 
tenants  of  the  counties. 

§  22.  And  the  lord  king  wills  that  this  assize  shall  be  held  in  his 
kingdom  so  long  as  it  shall  please  him. 

6.   THE   CONSTITUTIONS   OF    CLARENDON,  A.  D.  1164. 

Stubbs'  Select  Charters,  131-134.     Latin. 

In  the  year  of  the  incarnation  of  the  Lord,  1 1 64,  of  the  papacy  of 
Alexander,  the  fourth  year,  of  the  most  illustrious  king  of  the  English, 
Henry  II.,  the  tenth  year,  in  the  presence  of  the  same  king,  has  been 
made  this  memorial  or  acknowledgment  of  a  certain  part  of  the 
customs  and  franchises  and  dignities  of  his  predecessors,  that  is  to  say 
of  King  Henry,  his  grandfather,  and  of  other  kings,  which  ought  to  be 
observed  and  held  in  the  kingdom.  And  on  account  of  the  discussions 
and  disputes  which  have  arisen  between  the  clergy  and  the  justices  of 
our  lord  the  king  and  the  barons  of  the  kingdom  concerning  the 
customs  and  dignities,  this  acknowledgment  is  made  in  the  presence 
of  the  archbishops  and  bishops  and  clergy  and  earls  and  barons  and 
principal  men  of  the  kingdom.  And  these  customs,  acknowledged  by 
the  archbishops  and  bishops  and  earls  and  barons,  and  by  the  most 
noble  and  ancient  of  the  kingdom,  Thomas,  archbishop  of  Canterbury, 
and  Roger,  archbishop  of  York,  and  Gilbert,  bishop  of  London,  and 
Henry,  bishop  of  Winchester,  and  Nigel,  bishop  of  Ely,  and  William, 
bishop  of  Norwich,  and  Robert,  bishop  of  Lincoln,  and  Hilary,  bishop 
of  Chichester,  and  Jocelyn,  bishop  of  Salisbury,  and  Richard,  bishop  of 
Chester,  and  Bartholomew,  bishop  of  Exeter,  and  Robert,  bishop  of 
Hereford,  and  David,  bishop  of  Man,  and  Roger,  bishop  elect  of 
Worcester  have  conceded,  and  in  the  word  of  truth  by  their  living 
voice  have  firmly  promised  to  the  lord  king  and  to  his  heirs  should  be 
held  and  observed,  in  good  faith  and  without  any  evil  intention,  the 
following  being  present:  Robert,  earl  of  Leicester,  Reginald,  earl  of 
Cornwall,  Conan,  count  of  Brittany,  John,  count  of  Eu,  Roger,  earl  of 


CONSTITUTIONS   OF   CLARENDON.  2J 

Clare,  earl  Geoffrey  de  Mandeville,  Hugh,  earl  of  Chester,  William,  earl 
of  Arundel,  Earl  Patrick,  William,  earl  Ferrers,  Richard  de  Lacy, 
Reginald  de  St.  Valery,  Roger  Bigod,  Reginald  de  Warenne,  Richer  de 
Aquila,  William  de  Braose,  Richard  de  Camville,  Nigel  de  Mowbray, 
Simon  de  Warfield,  Humphrey  de  Bohun,  Matthew  de  Hereford, 
Walter  de  Medway,  Manasses  Bisett,  steward,  William  Malet,  William 
de  Courcy,  Robert  de  Dunstanville,  Jocelyn  de  Balliol,  William  de 
Lanvale,  William  de  Cheyney,  Geoffrey  de  Vere,  William  de  Hastings, 
Hugh  de  Moreville,  Alan  de  Neville,  Simon  Fitz-Peter,  William 
Malduit,  chamberlain,  John  Malduit,  John  Marshall,  Peter  de  Mare, 
and  many  others  of  the  principal  men  and  nobles  of  the  kingdom,  as 
well  clergy  as  laity. 

Of  these  acknowledged  customs  and  dignities  of  the  realm,  a  certain 
part  is  contained  in  the  present  writing.  Of  this  part  the  heads  are  as 
follows : 

§  i.  If  any  controversy  has  arisen  concerning  the  advowson  and 
presentation  of  churches  between  laymen  and  ecclesiastics,  or  between 
ecclesiastics,  it  is  to  be  considered  or  settled  in  the  courts  of  the  lord 
king. 

§  2.  Churches  of  the  fee  of  the  lord  king  cannot  be  given  perpetually 
without  his  assent  and  grant. 

§  3.  Clergymen  charged  and  accused  of  anything,  when  they  have 
been  summoned  by  a  justice  of  the  king  shall  come  into  his  court,  to 
respond  there  to  that  which  it  shall  seem  good  to  the  court  of  the  king 
for  them  to  respond  to,  and  in  the  ecclesiastical  court  to  what  it  shall 
seem  good  should  be  responded  to  there ;  so  that  the  justice  of  the 
king  shall  send  into  the  court  of  holy  church  to  see  how  the  matter 
shall  be  treated  there.  And  if  a  clergyman  shall  have  been  convicted 
or  has  confessed,  the  church  ought  not  to  protect  him  otherwise. 

§  4.  It  is  not  lawful  for  archbishops,  bishops,  and  persons  of  the 
realm  to  go  out  of  the  realm  without  the  permission  of  the  lord  king. 
And  if  they  go  out,  if  it  please  the  lord  king,  they  shall  give  security 
that  neither  in  going  nor  in  making  a  stay  nor  in  returning  will  they 
seek  evil  or  loss  to  the  king  or  the  kingdom. 

§  5.  Excommunicated  persons  ought  not  to  give  permanent  security 
nor  offer  an  oath,  but  only  security  and  a  pledge  to  stand  to  the 
judgment  of  the  church,  in  order  that  they  may  be  absolved. 

§  6.  Laymen  ought  not  to  be  accused  except  by  definite  and  legal 
accusers  and  witnesses,  in  the  presence  of  the  bishop,  so  that  the 


3  8  TRANSLATIONS   AND   REPRINTS. 

archdeacon  shall  not  lose  his  right,  nor  anything  which  he  ought  to 
have  from  it.  And  if  there  are  such  persons  as  are  blamed,  but  no  one 
wishes  or  no  one  dares  to  accuse  them,  let  the  sheriff  when  required 
by  the  bishop  cause  twelve  legal  men  of  the  neighborhood  or  of  the 
township  to  take  an  oath  in  the  presence  of  the  bishop  that  they  will 
show  the  truth  about  it  according  to  their  conscience. 

§  7.  No  one  who  holds  from  the  king  in  chief,  nor  any  one  of  the 
officers  of  his  demesnes  shall  be  excommunicated,  nor  the  lands  of 
any  one  of  them  placed  under  an  interdict,  unless  the  lord  king,  if  he 
is  in  the  land,  first  agrees,  or  his  justice,  if  he  is  out  of  the  realm,  in 
order  that  he  may  do  right  concerning  him ;  and  so  that  what  shall 
pertain  to  the  king's  court  shall  be  settled  there,  and  for  that  which 
has  respect  to  the  ecclesiastical  court,  that  it  may  be  sent  to  the  same 
to  be  considered  there. 

§  8.  Concerning  appeals,  if  they  should  occur,  they  ought  to  proceed 
from  the  archdeacon  to  the  bishop,  from  the  bishop  to  the  arch- 
bishop. And  if  the  archbishop  should  fail  to  show  justice,  it  must 
come  to  the  lord  king  last,  in  order  that  by  his  command  the  con- 
troversy should  be  finally  terminated  in  the  court  of  the  archbishop, 
so  that  it  ought  not  to  proceed  further  without  the  assent  of  the  lord 
king. 

§  9.  If  a  contest  has  arisen  between  a  clergyman  and  a  layman  or 
between  a  layman  and  a  clergyman,  concerning  any  tenement  which 
the  clergyman  wishes  to  bring  into  charitable  tenure,  but  the  layman 
into  a  lay  fief,  it  shall  be  settled  by  the  deliberation  of  a  principal 
justice  of  the  king,  on  the  recognition  of  twelve  legal  men,  whether 
the  tenement  pertains  to  charity  or  to  a  lay  fief,  in  the  presence  of  that 
justice  of  the  king.  And  if  the  recognition  shall  decide  that  it  belongs 
to  charity,  the  suit  will  be  in  the  ecclesiastical  court,  but  if  to  a  lay 
fief,  unless  both  are  answerable  to  the  same  bishop  or  baron,  the  suit 
will  be  in  the  king's  court.  But  if  both  shall  be  answerable  concerning 
that  fief  before  the  same  bishop  or  baron,  the  suit  will  be  in  his  court, 
provided  that  the  one  who  was  formerly  in  possession  shall  not  lose 
his  possession  on  account  of  the  recognition  which  has  been  made 
until  it  has  been  decided  upon  through  the  suit. 

§  10.  If  any  one  who  is  of  a  city  or  a  castle  or  a  borough  or  a 
demesne  manor  of  the  lord  king  has  been  summoned  by  the  arch- 
deacon or  the  bishop  for  any  offence  for  which  he  ought  to  respond  to 
them,  and  is  unwilling  to  make  answer  to  their  summons,  it  is  fully 


CONSTITUTIONS   OF   CLARENDON.  29 

lawful  to  place  him  under  an  interdict,  but  he  ought  not  to  be  ex- 
communicated before  the  principal  officer  of  the  lord  king  for  that 
place  agrees,  in  order  that  he  may  adjudge  him  to  come  to  the  answer. 
And  if  the  officer  of  the  king  is  negligent  in  this,  he  himself  will  be  at 
the  mercy  of  the  lord  king,  and  afterward  the  bishop  shall  be  able  to 
coerce  the  accused  man  by  ecclesiastical  justice. 

§  ii.  Archbishops,  bishops,  and  all  persons  of  the  realm,  who  hold 
from  the  king  in  chief,  have  their  possessions  from  the  lord  king  as  a 
barony,  and  are  responsible  for  them  to  the  justices  and  officers  of  the 
king,  and  follow  and  perform  all  royal  rules  and  customs ;  and  just  as 
the  rest  of  the  barons  ought  to  be  present  at  the  judgment  of  the  court 
of  the  lord  king  along  with  the  barons,  at  least  till  the  judgment  reaches 
to  loss  of  limbs  or  to  death. 

§  12.  When  an  archbishopric  or  bishopric  or  abbacy  or  priorate  of 
the  demesne  of  the  king  has  become  vacant,  it  ought  to  be  in  his 
hands,  and  he  shall  take  thence  all  its  rights  and  products  just  as 
demesnes.  And  when  it  has  come  to  providing  for  the  church,  the 
lord  king  ought  to  summon  the  more  powerful  persons  of  the  church, 
and  the  election  ought  to  be  made  in  the  chapel  of  the  lord  king 
himself,  with  the  assent  of  the  lord  king  and  with  the  agreement  of  the 
persons  of  the  realm  whom  he  has  called  to  do  this.  And  there  the 
person  elected  shall  do  homage  and  fealty  to  the  lord  king  as  to  his 
liege  lord,  concerning  his  life  and  his  limbs  and  his  earthly  honor, 
saving  his  order,  before  he  shall  be  consecrated. 

§  13.  If  any  one  of  the  great  men  of  the  kingdom  has  prevented 
archbishop,  bishop  or  archdeacon  from  exercising  justice  upon  himself 
or  his,  the  lord  king  ought  to  bring  him  to  justice.  And  if  by  chance 
any  one  has  deprived  the  lord  king  of  his  right,  the  archbishops  and 
bishops  and  archdeacons  ought  to  bring  him  to  justice,  in  order  that  he 
may  give  satisfaction  to  the  lord  king. 

§  14.  The  chattels  of  those  who  are  in  forfeiture  to  the  king  no 
church  or  church-yard  must  detain  against  the  justice  of  the  king, 
because  they  are  the  king's,  whether  they  have  been  found  within  the 
churches  or  without. 

§  15.  Suits  concerning  debts  which  are  owed  through  the  medium 
of  a  bond  or  without  the  medium  of  a  bond  should  be  in  the  jurisdic- 
tion of  the  king. 

§  1 6.  Sons  of  rustics  ought  not  to  be  ordained  without  the  assent  of 
the  lord  upon  whose  land  they  are  known  to  have  been  born. 


30  TRANSLATIONS   AND   REPRINTS. 

This  acknowledgment  of  the  aforesaid  royal  customs  and  dignities 
has  been  made  by  the  aforesaid  archbishops,  and  bishops,  and  earls, 
and  barons,  and  the  more  noble  and  ancient  of  the  realm,  at  Clarendon, 
on  the  fourth  day  before  the  Purification  of  the  Blessed  Mary,  per- 
petual Virgin,  Lord  Henry  being  there  present  with  his  father,  the  lord 
king.  There  are,  however,  many  other  and  great  customs  and  digni- 
ties of  holy  mother  church  and  of  the  lord  king,  and  of  the  barons  of 
the  realm,  which  are  not  contained  in  this  writing.  These  are  preserved 
to  holy  church  and  to  the  lord  king  and  to  his  heirs  and  to  the  barons 
of  the  realm,  and  shall  be  observed  inviolably  forever. 

7.   TYPICAL   CRIMINAL   CASES   IN   THE   KING'S   COURTS,  I2OI-I2I4. 

Selden  Society  Publications:  Maitland;  Select  Pleas  of  the  Crown,  pp.  I,  14,  18, 
27,  29,  75.  Latin. 

Denise,  who  was  the  wife  of  Anthony,  summons  Nicholas  Kam  for 
the  death  of  Anthony,  her  husband,  as  having  wickedly  killed  her 
husband ;  and  this  she  offers  to  prove  against  him  under  award  of  the 
court.  And  Nicholas  denies  it  all.  It  is  adjudged  that  Denise  has  no 
right  of  summons,  because  she  does  not  claim  in  her  accusation  that 
she  saw  it.  The  jurors  being  asked  say  that  they  suspect  him  of  it, 
and  the  whole  county  likewise  suspects  him.  Let  Nicholas  purge 
himself  by  water,  according  to  the  assize.  He  has  found  sureties. 

Hugh  of  Ruperes  summons  John  of  Ashby  because  he  in  the  king's 
peace  and  wickedly  came  into  his  meadows  and  pastured  his  cattle  on 
them,  and  this  he  offers,  etc.  And  John  comes  and  denies  it  all.  And 
since  it  has  been  testified  by  the  sheriff  and  by  the  guardians  of  the 
pleas  of  the  crown,  that  he  had  previously  summoned  John  for  the 
pasturing  of  his  meadows  and  for  the  beating  of  his  men,  and  now  is 
not  willing  to  pursue  his  accusation  concerning  the  men,  but  only  con- 
cerning the  meadows,  and,  moreover,  an  accusation  of  the  pasturing  of 
meadows  does  not  pertain  to  the  king's  crown,  it  is  judged  that  the 
accusation  is  of  no  effect,  and  therefore  let  Hugh  be  in  mercy  and 
John  be  declared  quit.  Hugh  is  in  custody  because  he  cannot  find 
securities. 

Hereward,  the  son  of  William,  accuses  Walter,  the  son  of  Hugh,  of 
assaulting  him,  in  the  king's  peace,  and  wounding  him  in  the  arm  with 
a  certain  iron  fork,  and  giving  him  another  wound  on  the  head ;  and 
this  he  offers  to  prove  on  his  body,  as  the  court  shall  approve.  And 
Walter  denies  it  all,  on  his  body.  And  it  is  testified  by  the  coroners 


TYPICAL   CASES   IN  THE   KING'S   COURTS.  3! 

and  by  the  whole  county  that  the  same  Hereward  showed  his  wounds 
at  the  proper  time,  and  has  made  sufficient  suit.  And  it  is  therefore 
adjudged  that  a  battle  should  be  made.  The  securities  of  Walter  are 
Peter  of  Gosberton  church  and  Richard,  the  son  of  Hereward;  the 
securities  of  Hereward  are  William,  his  father,  and  the  Prior  of 
Pinchbeck.  Let  them  come  armed,  a  fortnight  from  St.  Swithin's 
day,  at  Leicester. 

Lambert,  the  miller,  complains  that  Clarice,  wife  of  Lawrence,  the 
son  of  Walter,  sold  him  beer  by  a  false  gallon,  and  produces  testimony 
which  report  that  they  were  present  when  she  thus  sold  by  that  gallon, 
that  is  to  say,  three  gallons  for  a  penny.  Clarice  comes  and  denies 
that  she  sold  by  a  false  gallon,  or  that  she  sold  by  that  gallon  which  he 
said  was  hers  as  being  a  whole  gallon,  but  as  being  a  half -gallon.  Let 
her  defend  herself  with  twelve  hands  on  the  coming  of  the  justices. 
She  has  given  securities.  Security  for  her  law,  William,  son  of  Ascelin ; 
securities  of  Lambert  to  prosecute,  William  Sanguinel,  Richard,  son  of 
Geoffrey,  Dennis,  son  of  Lambert,  and  Walter  the  miller. 

A  cetrain  Lemis  is  suspected  by  the  jurors  of  being  present  when 
Reinild  of  Hemchurch  was  slain,  and  of  having  given  aid  and  consent 
to  her  death.  And  she  denies  it.  Therefore  let  her  purge  herself  by 
the  ordeal  of  iron;  but  as  she  is  ill,  let  it  be  postponed  until  she 
recovers. 

Walter  Trench ebof  was  asserted  to  have  handed  to  Inger  of  Falding- 
thorpe  the  knife  with  which  he  killed  Guy  Foliot,  and  is  suspected  of 
it.  Let  him  purge  himself  by  water  that  he  did  not  consent  to  it. 
He  has  failed  and  is  hanged. 

Simon,  the  son  of  Robert,  who  was  captured  in  company  with  thieves 
and  was  held  in  prison  because  he  was  under  age  must  likewise  purge 
himself  by  water.  He  has  purged  himself  and  abjured  the  realm. 

8.   TYPICAL   RECOGNITIONS   ON  THE   ASSIZES,  IN  THE   KING'S   COURTS, 

I2OO—I2O3. 

Selden  Society  Publications,  Bailden;  Select  Civil  Pleas,  pp.  25,  51,  63,  61.  Latin. 
John  of  Kilpeck  demands  against  the  abbot  of  Hagman  the  customs 
and  right  services,  that  is,  the  fifth  part  of  one  knight,  which  he  owes 
him  for  the  free  tenement  which  he  holds  from  him  in  Beobridge.  And 
the  abbot  comes  and  says  that  he  does  not  owe  that  service,  nor  does 
it  appertain  to  that  tenement;  and  in  this  matter  he  puts  himself 
upon  the  great  assize  of  our  lord  the  king,  and  asks  that  a  recognition 


32  TRANSLATIONS   AND   REPRINTS. 

may  be  made  thereof.  Let  it  be  made.  Let  John  have  a  writ  to 
summon  four  knights  to  elect  twelve  to  make  a  recognition  thereof  on 
the  coming  of  the  justices. 

The  assize  of  novel  disseisin  between  William  Torell,  plaintiff,  and 
the  abbot  of  Stratford  concerning  a  certain  dike  thrown  down  in  Little 
Thurrock  to  the  damage  of  the  free  tenement  of  William  Torell  in  the 
same  town  is  postponed  till  the  week  after  Hilary's  day,  because  of  the 
recognitors ;  of  whom  some  excused  themselves,  and  some  came,  etc. 
and  Hugh  of  Boy  ton  and  five  others  made  default.  And  the  abbot 
comes  and  says  that  a  certain  law  was  made  in  the  time  of  King  Henry 
the  father,  concerning  the  marshes,  and  he  prays  that  it  may  be 
observed.  Therefore  the  sheriff  is  commanded  to  provide  such  recog- 
nitors as  know  the  law  of  the  marsh,  and  who  know  the  truth,  to  say 
whether  the  throwing  down  of  that  dike  is  to  William's  damage,  or 
not. 

The  assize  of  ntort  <f  ancestor  between  Alice,  daughter  of  Duke,  by 
William,  her  attorney,  and  Alan,  brother  of  Alan,  and  John,  son  of 
Alan,  regarding  half  a  messuage  with  appurtenances  in  the  town  of  St. 
Botolph  is  postponed  till  the  fortnight  after  Trinity,  because  some  of 
the  recognitors  excused  themselves,  and  some  came;  and  the  same 
day  is  given  to  them.  Master  Roger  Gernun,  Robert,  son  of  Mussa, 
William  Res,  and  Hamo,  son  of  Hereward,  are  attached ;  and  let  the 
sheriff  appoint  six  lawful  men  of  the  town  of  St.  Botolph  who  are 
discreet  and  who  know  the  truth  of  the  matter  and  none  of  whom  is 
related  to  the  aforesaid  parties,  to  be  there  at  the  same  time. 

The  assize  of  darrein  presentement  to  the  church  of  Weston,  between 
William  de  Colville,  petitioner,  and  the  prior  of  Lewes,  concerning  the 
church  of  Weston,  [is  postponed]  sine  die,  because  William  de  Colville 
did  not  keep  the  appointed  day,  and  the  writ  did  not  mention  his  wife, 
who  had  the  inheritance.  Wherefore  William  is  in  mercy,  and  also 
his  pledges  Roger  of  the  Wood  and  John  Langvillun. 

Sarah  Delaware  complains  that  Geoffrey  de  Tichesie  exacted  from 
her  more  service  than  it  had  been  recognized  in  the  king's  court  was 
due  to  him.  And  Geoffrey  comes  and  declares  that  there  was  never 
any  plea  between  them  in  the  king's  court  touching  the  services ;  and 
it  was  testified  by  the  record  of  the  justices  that  the  plea  was  in  the 
county  oomf.  Let  it  be  again  in  the  county  court. 


WRITS   OF   SUMMONS   TO   PARLIAMENT.  33 

III.  WRITS  OF  SUMMONS  TO  PARLIAMENT. 

From  the  earliest  period  of  the  Norman  rule,  the  greater  tenants-in-chief  were 
summoned,  from  time  to  time,  by  formal  writs,  to  perform  their  due  military  service 
to  the  king  or  to  give  him  their  counsel  in  matters  of  government.  The  performance 
of  this  latter  function  gave  rise  to  the  more  or  less  regular  meeting  of  Parliament,  to 
which  the  barons  and  prelates  were  still  summoned  by  special  writs.  When  a  larger 
representation  of  the  nation  was  desired  by  the  king,  during  the  thirteenth  century, 
writs  were  sent  to  the  sheriffs  ordering  them  to  send  up  to  the  Parliament  representa- 
tives of  the  county  and  town  communites.  The  following  writs  represent  respectively 
a  summons  to  the  great  nobles  before  the  admission  of  the  commons,  and  to  each  of 
the  three  estates  for  the  "  model  parliament  "  of  1295 : 

I.   A   WRIT   OF   SUMMONS  TO   THE   LORDS,   SPIRITUAL  AND   TEMPORAL,  TO   A 
PARLIAMENT,  26    HENRY   III.   (1242). 

Lords'  Report  on  the  Dignity  of  a  Peer,  ii,  7.     Latin. 

The  King  to  the  venerable  father  in  Christ  W.,  archbishop  of  York, 
greeting.  We  command  and  require  you,  as  you  love  us  and  our 
honor,  and  your  own  equally,  and  in  the  faith  by  which  you  are  held 
to  us,  that  laying  aside  all  other  business,  you  be  with  us  at  London, 
fifteen  days  after  St.  Hilary's  day,  to  discuss  with  us,  along  with  the 
rest  of  our  magnates  whom  we  have  similarly  caused  to  be  convoked, 
our  arduous  affairs  and  those  things  which  more  specially  touch  our 
state  and  that  of  our  whole  kingdom ;  and  that  you  in  no  way  fail  to 
perform  this.  Witness  the  king  at  Windsor,  Dec.  i4th. 

In  the  same  way  it  is  -written  to  all  the  bishops,  abbots,  earls  and 
barons. 

2.  SUMMONS  OF  A  BISHOP  TO  PARLIAMENT,  1 2  95 
Lords'  Report  on  the  Dignity  of  a  Peer,  ii,  67.  Latin. 
The  King  to  the  venerable  father  in  Christ  Robert,  by  the  same 
grace  archbishop  of  Canterbury,  primate  of  all  England,  greeting.  As 
a  most  just  law,  established  by  the  careful  providence  of  sacred  princes, 
exhorts  and  decrees  that  what  affects  all,  by  all  should  be  approved, 
so  also,  very  evidently  should  common  danger  be  met  by  means  pro- 
vided in  common.  You  -know  sufficiently  well,  and  it  is  now,  as  we 
believe,  divulged  through  all  regions  of  the  world,  how  the  king  of 
France  fraudulently  and  craftily  deprives  us  of  our  land  of  Gascony,  by 
withholding  it  unjustly  from  us.  Now,  however,  not  satisfied  with  the 
before-mentioned  fraud  and  injustice,  having  gathered  together  for  the 


34  TRANSLATIONS   AND   REPRINTS. 

conquest  of  our  kingdom  a  very  great  fleet,  and  an  abounding  multitude 
of  warriors,  with  which  he  has  made  a  hostile  attack  on  our  kingdom 
and  the  inhabitants  of  the  same  kingdom,  he  now  proposes  to  destroy 
the  English  language  altogether  from  the  earth,  if  his  power  should 
correspond  to  the  detestable  proposition  of  the  contemplated  injustice, 
which  God  forbid.  Because,  therefore,  darts  seen  beforehand  do  less 
injury,  and  your  interest  especially,  as  that  of  the  rest  of  the  citizens 
of  the  same  realm,  is  concerned  in  this  affair,  we  command  you, 
strictly  enjoining  you  in  the  fidelity  and  love  in  which  you  are  bound 
to  us,  that  on  the  Lord's  day  next  after  the  feast  of  St.  Martin,  in  the 
approaching  winter,  you  be  present  in  person  at  Westminster;  citing 
beforehand  the  dean  and  chapter  of  your  church,  the  archdeacons  and 
all  the  clergy  of  your  diocese,  causing  the  same  dean  and  archdeacons 
in  their  own  persons,  and  the  said  chapter  by  one  suitable  proctor,  and 
the  said  clergy  by  two,  to  be  present  along  with  you,  having  full  and 
sufficient  power  from  the  same  chapter  and  clergy,  to  consider,  ordain 
and  provide,  along  with  us  and  with  the  rest  of  the  prelates  and  prin- 
cipal men  and  other  inhabitants  of  our  kingdom,  how  the  dangers  and 
threatened  evils  of  this  kind  are  to  be  met.  Witness  the  king  at 
Wangham,  the  thirtieth  day  of  September. 

Identical  summons  were  sent  out  to  the  two  archbishops  and  eighteen 
bishops,  and,  with  the  omission  of  the  last  paragraph,  to  seventy  abbots » 

3.   SUMMONS   OF   A    BARON  TO   PARLIAMENT,  1295. 
Lords'  Report  on  the  Dignity  of  a  Peer,  ii,  68. 

The  king  to  his  beloved  and  faithful  relative,  Edmund,  Earl  of  Corn- 
wall, greeting.  Because  we  wish  to  have  a  consultation  and  meeting 
with  you  and  with  the  rest  of  the  principal  men  of  our  kingdom,  as  to 
provision  for  remedies  against  the  dangers  which  in  these  days  are 
threatening  our  whole  kingdom,  we  command  you,  strictly  enjoining 
you  in  the  fidelity  and  love  in  which  you  are  bound  to  us,  that  on  the 
Lord's  day  next  after  the  feast  of  St.  Martin's,  in  the  approaching 
winter,  you  be  present  in  person  at  Westminster,  for  considering, 
ordaining  and  doing  along  with  us  and  with  the  prelates,  and  the  rest 
of  the  principal  men  and  other  inhabitants  of  our  kingdom,  as  may  be 
necessary  for  meeting  dangers  of  this  kind. 

Witness  the  king  at  Canterbury,  the  first  of  October. 

Similar  summons  were  sent  to  seven  earls  and  fort\-one  barons. 


PARLIAMENTARY   WRITS.  35 

4.   SUMMONS   OF   REPRESENTATIVES   OF  SHIRES   AND   TOWNS  TO  PARLIAMENT, 

1295. 
Lords'  Report  on  the  Dignity  of  a  Peer,  ii,  66. 

The  king  to  the  sheriff  of  Northamptonshire.  Since  we  intend  to 
have  a  consultation  and  meeting  with  the  earls,  barons  and  other 
principal  men  of  our  kingdom  with  regard  to  providing  remedies 
against  the  dangers  which  are  in  these  days  threatening  the  same 
kingdom,  and  on  that  account  have  commanded  them  to  be  with  us 
on  the  Lord's  day  next  after  the  feast  of  St.  Martin,  in  the  approaching 
winter,  at  Westminster,  to  consider,  ordain,  and  do  as  may  be  necessary 
for  the  avoidance  of  these  dangers,  we  strictly  require  you  to  cause 
two  knights  from  the  aforesaid  county,  two  citizens  from  each  city  in 
the  same  county,  and  two  burgesses  from  each  borough,  of  those  who 
are  especially  discreet  and  capable  of  laboring,  to  be  elected  without 
delay,  and  to  cause  them  to  come  to  us  at  the  aforesaid  time  and 
place. 

Moreover,  the  said  knights  are  to  have  full  and  sufficient  power  for 
themselves  and  for  the  community  of  the  aforesaid  county,  and  the 
said  citizens  and  burgesses  for  themselves  and  the  communities  of  the 
aforesaid  cities  and  boroughs  separately,  then  and  there  for  doing  what 
shall  then  be  ordained  according  to  the  common  counsel  in  the  prem- 
ises, so  that  the  aforesaid  business  shall  not  remain  unfinished  in  any 
way  for  defect  of  this  power.  And  you  shall  have  there  the  names  of 
the  knights,  citizens  and  burgesses  and  this  writ. 

Witness  the  king  at  Canterbury,  on  the  third  day  of  October. 

Identical  summons  were  sent  to  the  sheriffs  of  each  county. 


36  TRANSLATIONS  AND   REPRINTS. 

SELECT  BIBLIOGRAPHY. 

Stubbs,   William:    Constitutional  History  of  England.     3  vols.     Clarendon 

Press.     Fifth  Edition  just  completed. 

This  book  covers  the  whole  period  of  English  Constitutional  History  to  the  close  of 
the  Middle  Ages.  It  remains  above  all  comparison  the  most  learned,  most  detailed, 
and  most  moderate  work  on  the  subject.  But  these  very  qualities  make  it  rather  a 
work  for  reference  than  for  continuous  study  or  reading. 

Taswell-Langmead,  Thomas  Pitt :  English  Constitutional  History,    i  vol.,  875 

pp.  Boston:  Houghton,  Mifflin  &  Co.  Fourth  Edition,  1890. 
This  is  the  best  single  volume  work  covering  the  whole  period  of  English  Constitu- 
tional History.  That  portion  which  precedes  the  Norman  Conquest  is,  however, 
distinctly  inferior  to  the  remaining  part  of  the  work,  being  inadequate  in  amount 
and  largely  incorrect  in  substance.  It  is  unfortunately  quite  expensive,  the  price 
being  $5.50. 

Medley,  D.  J. :  A  Student's  Manual  of  English  Constitutional  History,    i  vol., 

583  pp.     Oxford  and  London,  1894. 

This  is  a  most  excellent  work,  including  the  most  recent  investigations  and  con- 
clusions in  the  field  of  English  Constitutional  History  in  its  widest  extension.  Its 
arrangement,  however,  being  by  subjects,  not  chronologically,  makes  it  rather  a  study 
of  the  elements  of  the  constitution  from  an  historical  standpoint,  than  a  history  of 
constitutional  development  in  any  proper  sense,  and  makes  it  unsuited  for  use  as  a 
text-book  on  the  subject. 

Pollock  and  Maitland :  History  of  English  Law  before  the  Time  of  Edward  I. 

2  vols.     Cambridge,  England,  1895. 

Although  this  work  professes  to  exclude  all  matters  of  a  purely  constitutional  nature, 
it  necessarily  includes  much  of  the  organization  of  jurisdiction,  of  the  distinction  of 
political  classes  in  the  community,  and  of  other  matters  on  the  borderland  between  the 
government  and  law,  and  with  Prof.  Maitland's  Domesday  and Beyond 'is  of  the  utmost 
interest  and  value  on  all  those  subjects  of  which  it  does  treat. 

Stubbs,  William :  Select  Charters  and  other  Illustrations  of  English  Constitu- 
tional History. 

This  is  an  extremely  full  collection  of  documents  of  constitutional  significance, 
(untranslated),  from  the  earliest  times  to  the  close  of  the  reign  of  Edward  I. 

Prothero,  G.  W. :  Select  Statutes  and  other  Constitutional  Documents  Illus- 
trative of  the  Reigns  of  Elizabeth  and  James  I.    i  vol.    Oxford,  1894. 
There  is  no  collection  of  constitutional  documents  of  the  period  between  the 
accession  of  Edward  II.  and  that  of  Elizabeth,  excepting  as  they  are  to  be  found  in 
Rymer's  Foedera,  the  Statutes  of  the  Realm,  and  such  general  bodies  of  records. 
But  from  1558  to  1660  an  almost  continuous  series  of  such  documents  is  published  in 
this  work  and  that  which  follows,  viz. : 

Gardiner,  S.  R. :   The  Constitutional  Documents  of  the  Puritan  Revolution, 
1628-1660.     I  vol.     Oxford,  1889. 


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